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(영문) 서울북부지방법원 2020.10.23 2020노1009

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court against the Defendant is too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant in the trial room, and the lower court did not seem to have so far as the lower court exceeded the reasonable scope of discretion, considering the various sentencing factors in the instant pleadings, including various circumstances considered in sentencing.

In particular, this is more so taking into account the fact that the defendant reflects the crime of this case and did not repeat the crime, that the distance of driving B-wheeled vehicle in the state of taking the defendant was not visible, and that there was no record of being punished for the same crime within the last ten years.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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