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(영문) 창원지방법원 2020.08.13 2020노182
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of eight million won) declared by the lower court is too unhued 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The Defendant was punished once due to drunk driving, and the blood alcohol concentration is high is disadvantageous.

However, in full view of the following factors: (a) the Defendant led to the confession and reflect of the crime; (b) support for the elderly mother and middle school students, after divorce; and (c) the Defendant’s age, character and conduct, the details and details of the crime; (b) driving distance; and (c) circumstances after the crime, etc., even if the Prosecutor considered the circumstances that are considered as the grounds for appeal as the grounds for appeal, it is difficult to deem that the lower court’s punishment is unreasonable

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

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