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(영문) 서울중앙지방법원 2018.08.16 2018노1203
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (one year of imprisonment and two years of suspended sentence) is too uneasy and unreasonable.

2. Determination has the record of being sentenced to a fine for one time for driving under the influence of alcohol in 2002 and 2015, and apart from the record of being sentenced to a fine for two times due to driving without a license in 2015. Nevertheless, the Defendant committed a crime, such as driving under the influence of alcohol in the case No. 8927 at the end of 2017, and repeated the same offense by again committing a crime, such as driving under the influence of alcohol in the case No. 352 at the end of 2018 at the end of 3 months. The alcohol concentration of the Defendant at the time of driving each of the instant cases was considerably high, and the traffic accidents are disadvantageous to the Defendant.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognized the facts of the crime, and the fact that the victim's damage is most likely to have been recovered due to the automobile insurance purchased by the defendant, the court below's sentence is too uneasible and unfair, in light of all the sentencing conditions shown in the records and theories of this case, including the defendant's age, sex, environment, and circumstances after the crime.

The prosecutor's above assertion is without merit.

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

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