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(영문) 수원지방법원 2020.12.11 2020노3689
도로교통법위반(음주운전)등
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 15 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 sentencing conditions compared to the lower court’s judgment. In full view of the circumstance and circumstance of the measures to be taken after a drunk driving and accident, degree of alcohol concentration, distance from blood alcohol level, and no criminal record other than once a fine due to a drunk driving and a drunk driving, the degree of damage from traffic accident is not substantial and the damage was recovered, and all of the sentencing conditions indicated in the arguments and records of the instant case, including the Defendant’s age and the environment of happiness, etc., it is not recognized that the lower court’s punishment is too unfluent and it 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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