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(영문) 서울중앙지방법원 2020.11.24 2020노1446
도로교통법위반(음주운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. According to the records on the defendant's appeal, on May 6, 2020, the defendant filed an appeal against the judgment below on May 6, 2020 and received the notification of the receipt of the trial record from this court on May 27, 2020, but did not submit the statement of grounds for appeal within 20 days, which is the submission period for the statement of grounds for appeal. The petition of appeal does not state the grounds for appeal, nor does it find

Therefore, in accordance with Article 361-4(1) of the Criminal Procedure Act, the appeal of the defendant should be dismissed by the ruling, but as long as the prosecutor declares the judgment on the appeal, the separate dismissal decision shall not be made, and the judgment shall be

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal (e.g., a fine of KRW 15 million) of the lower court against the Defendant is too uneasible and unreasonable.

B. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court 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 light of the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the original judgment on the grounds of unfair sentencing since no particular new sentencing data was submitted in the health class and the trial room. Circumstances for which a prosecutor asserts on the grounds of unfair sentencing are based on the grounds of unfair sentencing are considered to have been reflected in the lower court’s sentencing. In full view of all other circumstances, including the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s sentencing does not seem to be unfair because it excessively goes beyond the reasonable scope of discretion.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so ordered as per Disposition.

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