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(영문) 서울중앙지방법원 2019.05.03 2018노3165
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the lower court’s punishment (a0 million won of fine) is too unhued.

2. The judgment of the Defendant is based on the following circumstances: (a) the Defendant had twice the past history of punishment for drunk driving; (b) one time of the occurrence of a traffic accident, causing the injury; and (c) the blood alcohol concentration of the instant case was very high, thereby causing the risk.

Meanwhile, it is reasonable to respect the sentencing condition when the first instance court did not change the conditions of sentencing compared to the first instance court and the first instance court’s sentencing did not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of the sentencing conditions, the Defendant’s environment, motive, means and consequence of the Defendant’s crime, and the circumstances after the crime, etc., comprehensively considering the following factors, the lower court’s punishment is unreasonable because it goes beyond the reasonable scope of discretion.

The prosecutor's assertion of unfair sentencing is without merit.

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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