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(영문) 춘천지방법원 2013.06.19 2013노85

도로교통법위반(음주운전)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (one year of imprisonment) is too unhued and unfair.

B. The sentence of the lower court is too unreasonable.

2. In light of the following facts: (a) the Defendant could have been punished for the same crime, including three times the suspended sentence; (b) the Defendant committed the instant crime without being subject to the suspended sentence; (c) the Defendant committed the instant crime without being subject to the suspended sentence; and (d) the Defendant had escaped while the trial was underway; (b) even during the escape, the Defendant was driving under the influence of alcohol without obtaining a driver’s license on two occasions; (c) the Defendant was driving under the influence of alcohol; (d) the Defendant was under the influence of alcohol due to the occurrence of an accident and escape; and (e) the Defendant was under bad character and criminal condition; and (e) the Defendant was under bad condition; and (e) the Defendant was under the injury of the victim affected by the accident; and (e) the process leading to the remaining crime by forging and using another person’s signature to conceal

However, in light of the above defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as well as the fact that the defendant deposited KRW 1.5 million for the victim N, that the defendant was in the trial and reached an agreement with victim I, K, and that the defendant was divided in depth during the prison period, etc., the court below's sentence is deemed appropriate, and thus, the prosecutor and the defendant's respective arguments are without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal by the prosecutor and the defendant are without merit. It is