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(영문) 서울중앙지방법원 2017.08.31 2017노390
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below is too uneasy and unfair.

Judgment

Although the defendant was punished for a fine of KRW 3 million due to drinking driving in 2014, the crime is heavy in that he/she repeatedly committed the instant drinking driving with a alcohol level of KRW 0.146% during blood.

However, the defendant does not commit a second offense while recognizing and opposing the error.

Comprehensively taking account of the fact that the defendant's age, sex, environment, and circumstances after the crime, etc., the sentence of the court below is determined within the scope of the discretion of sentencing, and it cannot be deemed unfair because it is too unreasonable.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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