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서울중앙지방법원 2015.12.17 2015노4049

The prosecutor's appeal is dismissed.


1. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the lower court is too unhued and unreasonable.

2. The instant crime was committed by the Defendant while driving under influence of alcohol, resulting in an injury to the victims of the accident, and assaulting a police officer during the investigation process of driving under influence of alcohol, and the nature of the crime is not weak.

However, the Defendant did not have any record of criminal punishment except for the previous 17 years prior to and one time before the crime, and there is no evidence to deem that the blood alcohol concentration was high at the time of the crime (the indictment was modified at the court below on the grounds that the depositee measured at the time of the accident 80 minutes cannot be seen as the blood alcohol concentration at the time of driving). The assault against the police officer was committed during the course of the Defendant’s attempt to commit suicide, and it cannot be deemed as disregarding the public authority. The Defendant’s comprehensive automobile insurance without the degree of injury to the victims, and the police officer who committed the assault expressed his intent not to punish the Defendant, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., it cannot be deemed unfair by taking into account the above circumstances into account.

The prosecutor's assertion is without merit.

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