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(영문) 제주지방법원 2020.10.15 2019노1133

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

In light of all the sentencing conditions stated in the records and arguments of this case, including the fact that the court below’s punishment (fine 7 million won) is too unfluent and unfair, although the defendant appealeds on the ground that it is deemed unfair, the defendant's mistake is recognized and reflected, the defendant caused a traffic accident involving a utility pole while driving under influence, but no particular human and material damage occurs, and the defendant is a principal offender who has no previous conviction, it is not recognized that the sentence imposed by the court below is too unfluent and unjust.

Since the prosecutor's appeal is without merit, it shall be dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, "the report of traffic accident (the report of actual situation)" in Part 5 shall be deleted ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.