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(영문) 춘천지방법원 2020.06.26 2019노1104

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 12 million (a fine of KRW 12 million) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). We examine in light of the foregoing legal doctrine.

The judgment below

There is no change of circumstances to consider the sentencing of the accused after the sentence.

Examining the various conditions of sentencing as indicated in the records and arguments of the instant case and the reasons for sentencing of the lower judgment, even if the Prosecutor considered all the circumstances asserted as the grounds for appeal, the lower court’s sentence cannot be deemed unreasonable as it is unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.