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(영문) 청주지방법원 2018.10.25 2018노516

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is unreasonable as it is too unfasible to the extent that the punishment (amounting to KRW 8,00,000) is too unfased.

2. The court below determined the above punishment against the defendant on the grounds as stated in its reasoning. The defendant's blood alcohol concentration level at 0.084% at the time of the crime in this case was lower than 0.084%, and the defendant had been subject to three times criminal punishment due to the crime of drinking driving, etc., the circumstances in which the prosecutor asserts a sentence disadvantageous to the trial in the court below are already considered as having been sentenced to punishment at the court below. In light of the above circumstances, the defendant is in profoundly against the defendant while carrying out the crime in this case in a net order, and his mother and university students must care alone, and the defendant's disposal of the vehicle to prevent recidivism was to be taken into account, and the sentencing of the court below was too unhued so far that the judgment of the court below exceeded the reasonable scope of discretion.

shall not be appointed by a person.

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