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(영문) 서울중앙지방법원 2020.05.29 2019노3043

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. There is no change in the conditions of sentencing compared to the judgment of the first instance court, and where 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). There is no change in the conditions of sentencing compared with the judgment of the lower court, and in full view of the factors revealed in the arguments in the instant case, the sentencing of the lower court is too unfeasible and so it is difficult to view that

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