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(영문) 서울동부지방법원 2020.05.14 2019노1277
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 of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. Determination is an unfavorable circumstance to the Defendant that the Defendant had seven times or more as a drinking driver from around 2004 to around 2014, etc.

On the other hand, the fact that the defendant recognized the crime of this case and reflected, and that the defendant returned the vehicle operated by the defendant to the company and received alcohol problem consultation from the F Center, etc. are not re-offending, etc. are favorable to the defendant.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so 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.

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