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(영문) 전주지방법원 2020.10.27 2020노811
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, three years of suspended sentence, three years of probation, and 240 hours of community service order) imposed by the court below is too uneased and unreasonable.

2. The appellate court’s judgment is reasonable to respect the sentencing condition in comparison with the first instance court where there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.

The lower court’s sentencing appears to have been determined by fully considering the various circumstances favorable to the Defendant (the same type of fine, the period of suspension of execution, the degree of blood alcohol, the former law cases, and the distance from driving circumstances). In light of all the grounds asserted by the Prosecutor, the lower court’s sentencing is too unfasible and does not seem to have exceeded the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015), and there is no special circumstance to change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and the record of the crime in this case, it is not deemed that the sentence of the court below against the defendant is too unreasonable.

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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