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(영문) 서울중앙지방법원 2021.01.13 2020노2804
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

The Prosecutor appealed against the lower court’s punishment (one million won in penalty).

If there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). No change exists in the conditions of sentencing compared to the lower court because new materials for sentencing have not been submitted at the trial court, and considering the factors revealed in the proceedings of the instant case, the lower court’s sentencing was too uneasible and so, exceeded the reasonable scope of discretion.

It does not appear.

The prosecutor's improper argument in sentencing is without merit.

The prosecutor's appeal is dismissed for no reason.

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