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(영문) 의정부지방법원 2020.01.17 2018노2868
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. Determination: (a) the Defendant had the record of being sentenced to a fine for driving under the influence of alcohol in around 2016; (b) the Defendant committed the instant crime during the period of suspended execution due to the crime of injury, etc.; (c) the Defendant committed the instant crime at a disadvantage to the Defendant; or (d) the Defendant committed the instant crime; (c) the Defendant has no record of being sentenced to a fine exceeding the same type of crime; (d) the Defendant did not repeat the instant crime; (c) sold the vehicle used for the instant crime before the judgment of the lower court was rendered; (d) there was no change in the sentencing conditions compared to the lower court’s decision because new sentencing data were not submitted at the trial; and (e) other sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (e) there was no change in

Therefore, the prosecutor's above assertion is without merit.

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

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