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(영문) 전주지방법원 2020.08.26 2020노895
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s reasoning for the appeal (a fine of eight million won) is too unhued and unreasonable.

2. The lower court determined that the Prosecutor had already been sentenced to punishment by fully taking account of all the circumstances, including the circumstances alleged as the grounds for appeal.

Although the defendant has a history of punishment for drinking driving in the past, the defendant is before 15 years.

The Defendant recognized the instant crime and tried to resolve psychological problems related to drinking after committing the instant crime.

In addition, even if all the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, are re-examineed, the sentence of the court below is too weak.

Therefore, prosecutor's assertion is not accepted.

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.

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