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(영문) 부산지방법원 2020.06.18 2020노272

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds of appeal (a fine of 18 million won) is deemed to be too unhued and unfair.

2. Determination

A. According to the records, the court below determined punishment in consideration of various sentencing reasons, such as the fact that not only several times of punishment for the same crime but also committed the crime of this case during the period of suspension of execution, the fact that the crime of this case was committed in another time during the period of suspension of execution, the mistake, the fact that the blood alcohol concentration level is not high, the distance of drinking driving is relatively short, there are circumstances that should support the children of elementary school children who are not good health, and the circumstances leading to the crime.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

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.