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(영문) 의정부지방법원 2019.10.24 2018노3564
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (the original court: a fine of six million won);

2. We agree with the prosecutor's arguments that the defendant's blood alcohol concentration high and the harmful effects of drunk driving are serious. However, in full view of the distance and circumstances of drunk driving and other factors of sentencing under Article 51 of the Criminal Act, the amount of punishment imposed by the court below is reasonable.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

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

[However, in accordance with Article 25 of the Rules on Criminal Procedure, the "Road Traffic Act" in the column for the application of the Act in Section 2 of the judgment of the court below shall be corrected to "Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018 and enforced September 28, 2018)."

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