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(영문) 서울중앙지방법원 2017.05.11 2016노4710
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (two years of suspended sentence in six months of imprisonment) is too unfortunate and unfair.

2. Determination is an unfavorable condition to the Defendant, even though the Defendant was punished by a fine of KRW 1 million on October 5, 2009, and a fine of KRW 2 million on June 25, 2015, due to a violation of the Road Traffic Act (driving). In addition, the Defendant was driving the instant drinking while driving the alcohol, and the alcohol concentration in blood is considerably high by 0.176%.

However, the circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflected, and that there is no past record of suspended execution or above, etc.

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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