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(영문) 서울중앙지방법원 2017.05.25 2016노5248
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (eight million won in penalty) imposed by the court below is too unfased.

2. Although the Defendant had been punished for a fine of KRW 5 million due to a violation of the Road Traffic Act (refluence of alcohol measurement) on April 22, 2015, he/she was under the influence of driving under drinking only once a year, and the fact that the blood alcohol concentration is very high to 0.210% is disadvantageous to the Defendant.

However, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, and that there are no other criminal records except once a fine, etc. are favorable to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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

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