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(영문) 서울북부지방법원 2016.11.18 2016노1731
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The punishment sentenced by the original court (one year of imprisonment, two years of suspended execution, and 120 hours of community service order) shall be too unhued and unreasonable;

2. The judgment is an unfavorable circumstance to the Defendant that: (a) although the Defendant had been punished for drinking driving two times; (b) caused a traffic accident under drinking while drinking; and (c) did not purchase a mandatory insurance policy; and (d) did not recover the damage suffered by the victimized company to the trial.

However, in light of the circumstances such as the recognition of all of the instant crimes and the fact that the Defendant is seriously against the Defendant, the damage of the victimized company is not a serious degree, and the fact that the lower court was tried in the detention for 45 days, the lower court’s sentencing appears to be within the reasonable scope of its discretion, and there is no change in sentencing conditions to be newly considered in the trial.

Therefore, it is not recognized that the sentence imposed by the court of original judgment is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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