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(영문) 창원지방법원 2020.07.23 2020노172

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of seven million won) declared by the court below is too unhued and unreasonable.

2. The judgment of the defendant is an unfavorable condition to the defendant, even though he/she had a record of being punished for drinking driving in 2017, that he/she drives in drinking again, and that he/she has a high blood alcohol concentration.

However, in full view of various sentencing conditions, including the Defendant’s age, character and conduct, motive or circumstance of the crime, circumstances after the crime, and driving distance, the lower court seems to have determined a punishment within a reasonable scope, by sufficiently taking into account all the circumstances surrounding sentencing, even though the prosecutor’s appeal is based on the grounds for appeal, considering the following factors.

Therefore, the prosecutor's argument that the sentencing of the court below is unfair is rejected.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.