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(영문) 의정부지방법원 2017.01.24 2016노3569

도로교통법위반(음주운전)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (6 months of imprisonment) is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. It is recognized that the Defendant has four times the history of punishment for driving under the influence of alcohol, and the driving under the influence of alcohol causes not only the driver but also the life and body of others, and there is a need for strict punishment.

B. However, in full view of various circumstances that form the conditions for sentencing specified in the pleadings of the instant case, such as the Defendant’s confession and confession of the instant crime, the fact that the Defendant has no record of being sentenced, the personal and material damage has not occurred, and the Defendant’s age, background of the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is not deemed to be too weak or unreasonable.

(c)

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.