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(영문) 서울동부지방법원 2017.09.29 2017노623
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of the Defendant’s criminal history, etc., the sentence imposed by the lower court (a prison term of six months, a suspended sentence of two years, a community service work 40 hours, and a compliance class of 40 hours) is deemed too uneasy and unfair.

2. In light of the reasons for sentencing indicated in the arguments and records of the instant case, namely, the Defendant again committed the instant crime even though he/she had been punished for drinking driving four times, etc., it seems necessary to strictly punish the Defendant who appears to have a view to the view of the law.

However, in light of the fact that accidents have not occurred due to drinking, and that there was no punishment heavier than a suspended sentence due to drinking driving after 2010, etc., it is reasonable to give the defendant an opportunity to once again only once. Therefore, it does not seem that the lower court’s punishment is too unfilled so that it can be changed.

In the end, the prosecutor's improper argument of sentencing is not accepted.

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

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