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(영문) 서울서부지방법원 2020.02.20 2019노940
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (a fine of eight million won) against the Defendant in the summary of the grounds for appeal is deemed to be too unhued and unreasonable.

2. In view of the fact that the social harm of the drunk driving is serious and the statutory penalty is continuously aggravated, it is necessary to strictly punish the drunk driving crime.

The Defendant committed the instant crime without being aware of the period of repeated crime due to the instant crime, and the Defendant’s blood alcohol concentration is very high at the time of the instant crime.

On the other hand, the distance of the defendant's drinking driving at the time of the crime of this case is relatively short, and the defendant was punished once by a fine for the same kind of crime, but this is a previous offense before 13 years.

In addition, comprehensively taking account of the Defendant’s age, environment, the background and consequence of the instant crime, as well as the circumstances after the instant crime, etc., the lower court’s punishment cannot be deemed as being too uneasible and unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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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