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(영문) 서울중앙지방법원 2020.10.30 2020노1448
도로교통법위반(음주측정거부)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 12 million won) by the lower court is deemed to be too unhued and unfair.

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Circumstances the Prosecutor asserts as an element of sentencing in this court are already revealed in the hearing process of the lower court, and there is no particular change in circumstances regarding the matters subject to sentencing after the lower judgment was sentenced.

In light of the above circumstances and the defendant's punishment of 10 months of imprisonment with prison labor due to special injury, and 2 years of suspended sentence, it appears that the crime of this case is disadvantageous or that the crime of this case is not the same as the above special injury crime, and that the defendant fully implemented the community service order 160 hours imposed by the above suspended sentence together with the above suspended sentence, it seems that the invalidation of suspended sentence will be too harsh to the defendant, and in full view of all the sentencing conditions as shown in the arguments and records of this case, such as the defendant's age, character and behavior, environment, motive and means of the crime, result, etc., the sentence imposed by the court below is unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and 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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