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(영문) 전주지방법원 2020.08.13 2020노577
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 penalty of KRW 12 million (a fine of KRW 12 million) is too unhued and unreasonable.

2. The judgment of the court below is a very dangerous crime that is likely to cause unexpected behaviors to the life and home of others as well as the possibility of traffic accident. It is necessary to punish the defendant. The defendant is a fine of 70,000 won for the violation of the Road Traffic Act from the Cheongju District Court's Support on July 20, 1985, from the Jeonju District Court's Jeonju District Court on September 15, 2003, a fine of 70,000 won for the violation of the Road Traffic Act at the Jeonju District Court on September 16, 2008, a fine of 70,000 won for the crime of violation of the Road Traffic Act (Ming) with a blood alcohol concentration of 0.052% on July 16, 2008, and on May 29, 2015, the above court was sentenced to a fine of 100 million won for the violation of the Road Traffic Act (MingA).

However, in light of the following: (a) the Defendant’s act is divided into and against his own offense; and (b) the instant act is a movement of about 10 meters from the parking lot after the Defendant sent a substitute driver under the influence of alcohol to his destination; (c) there are circumstances to take into account some of the circumstances leading up to the instant act; (d) the distance is very short; (e) the Defendant has no history of criminal punishment exceeding the fine; and (e) the Defendant’s age, character, conduct, environment and other sentencing conditions, the sentence of the lower court is too uneasable and unreasonable.

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. It is so decided as per Disposition.

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