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(영문) 서울중앙지방법원 2013.11.28 2013노3419
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 5,00,000 (the fine of KRW 5,000) is too unhued and unreasonable.

2. In light of the fact that the Defendant’s blood alcohol concentration is considerably high, that the Defendant was sentenced to a fine of KRW 1.5 million, and KRW 3.5 million for a violation of the Road Traffic Act in 2011 and 2012, the Defendant should be punished strictly. However, in light of the fact that the Defendant is deeply divided and reflects his/her criminal act, that the Defendant has no record of criminal punishment exceeding the fine, and that there was no record of criminal punishment exceeding the fine, the Defendant’s age, character, conduct, environment, and other sentencing conditions, the lower court’s punishment cannot be deemed unreasonable as it is too unjustifiable.

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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