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(영문) 수원지방법원 2020.12.11 2020노3864
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 12 million) is too unhued and unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing 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 the instant case, there is no particular change in the sentencing conditions compared to the lower court’s judgment. In full view of the following: (a) the circumstance and circumstance of a drunk driving; (b) the degree of blood alcohol concentration; (c) the distance of a drunk driving; (d) the drinking-free driving; (c) there was no previous conviction; (d) the vehicle was disposed of; (e) the vehicle was discharged from the company when a person is sentenced to imprisonment without prison labor or heavier punishment; and (e) the conditions of the argument and the record of the instant case, including the Defendant’s age and happiness environment, etc., it is not recognized that the lower court’s punishment was too unfilled and exceeded the reasonable scope

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.

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