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(영문) 광주지방법원 2017.07.12 2016노4735

도로교통법위반(음주운전)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the crime of this case is not good and that the defendant committed the crime of this case again even though he had a previous conviction in several times, strict punishment against the defendant is needed.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the Defendant’s blood alcohol concentration is not high; and (c) the Defendant’s age, sex and environment; (d) motive, means and consequence of the crime; and (e) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (e) the Defendant and the Prosecutor’s assertion are too heavy or unbrupted so that it cannot be deemed unfair. Therefore, all of the Defendant’s and the Prosecutor’s

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