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(영문) 청주지방법원 2019.01.24 2018노958
도로교통법위반(음주측정거부)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (three million won of a fine) against the Defendant as to the summary of the grounds for appeal is unreasonable as it is too unhued.

2. In light of the circumstances alleged by the prosecutor as an element of sentencing unfavorable to the defendant in the trial of the trial of the trial of the case, even though the defendant was sentenced to criminal punishment for the same kind of crime, and on January 19, 2017, by the Cheongju District Court sentenced six months of imprisonment and two years of suspended execution to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving), which became final and conclusive on January 27, 2017, and thus, even though the above judgment became final and conclusive, the risk of repeating the crime of this case seems to be considerable, the defendant is in profoundly against the defendant while making a confession of all of the crimes of this case, and the defendant is in a difficult economic situation as the next lowest income bracket under the National Basic Living Security Act, including the situation where the defendant must support the children suffering from brain disease and the spouse suffering from brain disease as the next lowest income bracket under the National Basic Living Security Act, the judgment of the court below is too excessive beyond the scope of discretion.

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

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