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(영문) 광주지방법원 2017.08.23 2017노872

도로교통법위반(음주운전)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment of six months, the suspension of the execution of two years, the observation of protection, the lecture of 40 hours to observe orders, and the community service order of 80 hours) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the Defendant is favorable to the point that he made a confession of each of the instant crimes and reflects his mistake in depth.

On the other hand, at the time of each of the crimes in this case, the defendant's blood alcohol concentration is high to 0.160%, and the defendant can be punished for driving alcohol.

In addition, since there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the lower judgment, the following facts are comprehensively considered in light of the records and various sentencing conditions indicated in the instant case, including the background of each of the instant crimes, the circumstances after the commission of the crime, the Defendant’s environment, etc., the lower court’s punishment is too heavy or it is deemed unfair as it is fluent. Thus, the Defendant

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.