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(영문) 청주지방법원 2021.01.14 2020노664
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 (20 million won in penalty) is too unhued and unreasonable.

2. The current Criminal Procedure Act, which takes the trial-oriented principle and direct principle as to the prosecutor’s unfair argument of sentencing, has a unique area for the determination of sentencing in the current Criminal Procedure Act, and it is reasonable to respect the first instance court’s sentencing in cases where there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the prosecutor in the grounds of appeal are deemed to have been sufficiently taken into account when determining the punishment at the lower court, and there are no new additional circumstances that could change the sentence of the lower court at the first instance court at the trial, and it is deemed reasonable to regard the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances and criminal records after the crime, etc.

3. The appeal by the prosecutor of the 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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