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(영문) 대구지방법원 2016.12.29 2016노4542

사문서위조등

Text

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 one hand, the defendant has been punished for drunk driving, four times (three times a fine, one time a suspended sentence), and the crime of this case has been committed during the suspended period due to drinking and driving without a license.

When the fact of drinking or non-license has been discovered, it refers to another person, and the person himself/herself was under the influence of alcohol in order to prevent driving under the influence of others, so the crime is more bad.

However, in full view of all the sentencing conditions on the records, such as the Defendant’s age, character and behavior, environment, occupation, and circumstances after the crime, the sentence imposed by the lower court is deemed appropriate, and it is not deemed unfair 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.