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(영문) 서울남부지방법원 2020.12.07 2020노1067
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., a fine of 20,000,000) sentenced by the court below is too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined a punishment by taking into account the following: (a) the Defendant already had the history of punishment for drinking alcohol twice; (b) the blood alcohol concentration is high; and (c) the distance of drinking driving is considerable.

There is no change in the conditions of sentencing compared with the original judgment because new sentencing data have not been submitted at the trial court. In full view of the reasons for sentencing as stated by the lower court and the records of the instant case and the reasons for sentencing presented in the trial process, it is not recognized that the lower court’s sentencing was too unhued and exceeded the reasonable scope of discretion.

The prosecutor's assertion of unfair sentencing 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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