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(영문) 서울서부지방법원 2019.10.31 2019노972

도로교통법위반(음주운전)등

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and forty hours of order to attend a course) is too unhued and unreasonable.

2. In light of the fact that there was a history of being punished twice due to the judgment of the court below, and in particular, even if the court received a summary order of KRW 5 million due to the drinking driving on February 8, 2019, it is difficult to view that the sentence of the court below exceeded the reasonable scope of discretion because it is too unfilled, considering the circumstances unfavorable to the defendant, or the fact that the defendant did not have any criminal record other than the fine, and that the defendant is against the law, etc.

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.