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(영문) 서울중앙지방법원 2017.04.13 2016노4205
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (eight million won in penalty) imposed by the court below is too unfased.

2. The judgment of the Defendant committed the instant crime even though the Defendant had been punished by a fine of KRW 700,000 on April 25, 2008 due to the violation of the Road Traffic Act (driving) and a fine of KRW 1.5 million on August 29, 2012, and again committed the instant crime. The Defendant was disadvantageous to the Defendant that the alcohol concentration in blood during the instant crime was not lower than 0.127%.

However, as seen earlier, the fact that the Defendant recognized the instant crime and reflected against the Defendant, that one time among the driving force of drinking has already passed for at least eight years, and that the driving distance of drinking is not long, etc. is favorable to the Defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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

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