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(영문) 창원지방법원 2020.06.18 2019노2520
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of eight million won) declared by the lower court is too unhued and unreasonable.

2. 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.

(2) In light of the aforementioned circumstances, the lower court determined a punishment within a reasonable scope, in full view of the following circumstances: (a) the Defendant’s age, character and behavior, environment, occupation, motive or circumstance of the crime, the motive or circumstance of the crime, the circumstance after the crime, the degree of blood alcohol concentration, and the range of driving distance, etc., as indicated in the argument at the lower court and the trial; and (b) even if the Prosecutor considered the circumstances in which the reasons for appeal are stated in the grounds for appeal, the lower court appears to have determined a punishment within a reasonable scope, by fully taking account of all the relevant circumstances as to the sentencing.

Therefore, the prosecutor's argument that the sentencing of the court below is unfair is rejected.

3. Since the appeal by the prosecutor of the conclusion is without merit, 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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