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(영문) 서울서부지방법원 2014.06.26 2014노225
도로교통법위반(음주측정거부)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of a fine of KRW 10 million, which is unreasonable.

2. In light of the fact that the accused has been punished several times for the same crime, and in particular, it is necessary to punish the accused strictly in light of the fact that the accused was sentenced to a suspended sentence for the same crime as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act, again repeated the crime of this case within the suspended sentence.

However, considering the following: (a) the Defendant made confessions up to the trial, and the Defendant would not repeat the same mistake while being divided; (b) there are circumstances to take into account the driving circumstances of this case; (c) the occurrence of accidents; (d) the lower court’s punishment constitutes the maximum statutory penalty in the case of the choice of fines; and (e) other factors of sentencing that are shown in the records and pleadings, such as the motive and background of the instant crime, the circumstances after the commission of the crime, the Defendant’s career, and the environment, etc., the lower court’s punishment

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

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