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(영문) 대구지방법원 2020.10.16 2020노532
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) imposed by the lower court is too uneased and unreasonable.

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined the sentence by comprehensively taking account of the various circumstances as stated in its reasoning.

The circumstances of the court below and the defendant continued to receive alcohol addiction treatment from the court below to the court below, and there is no new circumstance that can change the sentence of the court below from the court below to the court below, and even considering all sentencing conditions as shown in the argument of this case, such as the defendant's age, character and conduct, environment, motive and means of crime, and circumstances after crime, the court below's punishment is too appropriate and too unhued and it does not seem to have exceeded the reasonable scope of discretion.

The prosecutor's assertion is without merit.

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

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