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(영문) 서울중앙지방법원 2015.01.15 2014노4262
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unhued and unreasonable.

2. The judgment has the record of being punished several times due to drunk driving, and the quality of the crime of aiding and abetting the offender of this case is not good, but on the other hand, the defendant was running a drunk driving in the course of driving a vehicle on the ground from an underground parking lot to deliver a substitute driver, and the driving distance is short, since 2010, there is no record of punishment due to drunk driving, and in full view of all the sentencing conditions specified in the arguments of this case, including the defendant's age, character and conduct, the background and consequence of the crime of this case, and the circumstances after the crime, etc., even if considering the circumstance of the prosecutor's assertion, it cannot be said that the sentence of the court below is too unjustifiable.

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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