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(영문) 의정부지방법원 2017.10.30 2017노1965

도로교통법위반(음주운전)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the amount of KRW 6 million) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The fact that the circumstances and crimes that are disadvantageous to the defendant are divided, such as the fact that the alcohol concentration in the judgment blood is very high and the driving distance is not short, and the defendant needs to be punished in light of the risk of driving alcohol, etc., and that the defendant does not repeat again by transferring the lessee status of the vehicle leased and used by the defendant to another person.

In full view of the circumstances favorable to the defendant, such as the fact that there is only one time the period of punishment for the same kind of crime, the circumstances of the crime, the circumstances after the crime, the age of the defendant, and the various conditions of sentencing as shown in the records, such as the fact that the court below’s punishment is too heavy or it is unfair because it is too heavy.

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