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(영문) 수원지방법원 2020.12.11 2020노4016
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 12 million) is too unhued and unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In the instant case, there is no particular change in the sentencing conditions compared to the lower court’s judgment. In full view of the following: (a) the circumstance and circumstance of a drunk driving; (b) the degree of blood alcohol concentration; (c) the distance of a drunk driving; and (d) no criminal record other than that of a fine imposed on two occasions due to a drunk driving; and (b) the Defendant’s age and an environment for drinking, etc.; and (c) all the sentencing conditions and the records of the instant argument and the record, the lower court’

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.

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