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(영문) 서울중앙지방법원 2020.11.18 2020노2146
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 12 million won) by the lower court is deemed to be too unhued and unfair.

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Circumstances the Prosecutor asserts as an element of sentencing in this court are already revealed in the hearing process of the lower court, and there is no particular change in circumstances regarding the matters subject to sentencing after the lower judgment was sentenced.

Examining the above circumstances and the Defendant’s age, character and conduct, environment, motive and means of crime, result, circumstances after crime, etc., and all of the sentencing conditions indicated in the present arguments and records, it cannot be deemed that the sentence imposed by the lower court is unreasonable.

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

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