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(영문) 서울서부지방법원 2020.02.20 2019노911
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (a fine of eight million won) against the Defendant in the summary of the grounds for appeal is deemed to be too unhued and unreasonable.

2. In view of the fact that the social harm of the drunk driving is serious and the statutory penalty is continuously aggravated, it is necessary to strictly punish the drunk driving crime.

The Defendant did not short the distance of drinking driving at the time of committing the instant crime with 2 km, and the blood alcohol concentration is very high.

In addition, the defendant did not faithfully attend the trial.

On the other hand, the defendant was punished by a fine once for the same crime, but it was a previous crime before 18 years.

In addition, comprehensively taking account of the Defendant’s age, the circumstances leading up to the instant crime, the result of the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment cannot be deemed as being too uneasible and unreasonable.

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 on the ground that it is without merit. It is so decided as per Disposition.

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