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(영문) 서울북부지방법원 2020.10.22 2020노877
도로교통법위반(음주측정거부)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two months, two years of suspended execution, and two-eight hours of community service order) of the lower court against the Defendant is deemed unreasonable.

2. The judgment of the defendant committed each of the crimes of this case repeatedly even though the defendant had the record of violating the Road Traffic Act by driving under the influence of driving under the influence of two times or driving under the influence of driving under the influence of driving under the influence of alcohol and driving without the license. In light of the fact that the defendant was driving under the influence of the vehicle and driving under the influence of driving under the influence of alcohol, it is reasonable to punish the defendant strictly

However, in light of the fact that there is no criminal records that exceed the fine imposed on the defendant, that the defendant is divided into his/her mistake, that there is no change in the conditions of sentencing compared with the first instance court, and that it is reasonable to respect the sentencing of the first instance court where the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of the fact that the grounds for sentencing asserted by the prosecutor in the trial are considered all in sentencing at the lower court, it cannot be deemed that the sentence imposed on the defendant is too unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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