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(영문) 대구지방법원 2016.12.22 2016노4461

도로교통법위반(음주운전)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the main point of the grounds for appeal is too small for the lower court’s punishment (six months of imprisonment), and that the prosecutor is too unhued and unreasonable.

2. On the other hand, the Defendant was punished for driving without obtaining a license or driving under the influence of alcohol six times, and was sentenced to a suspended sentence on September 18, 2014 and committed the instant crime during the suspended sentence period.

The Defendant was sentenced to a fine on May 12, 2016, while driving without obtaining a license during the period of the above suspension of execution.

However, in full view of all the sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the sentence imposed by the lower court is deemed appropriate, and it is not deemed unreasonable because it is too heavy or unreasonable.

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