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(영문) 청주지방법원 2019.08.08 2019노756

도로교통법위반(음주운전)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Taking into account the following: (a) the Defendant’s mistake was divided in depth, and the Defendant would not once scrap a vehicle without a license; (b) there was a family member to look at the Defendant’s economic situation; (c) human life damage was not occurred; and (d) there was no physical damage due to contact accident; and (e) there was a marriage ceremony of a woman for October, 200, the lower court’s imprisonment (eight months) is too unreasonable.

B. In light of the fact that there are two or more criminal records on criminal punishment for driving under the influence of alcohol by a public prosecutor, and that there are two or more cases of traffic accidents, as well as the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) on July 20, 2017, the crime of violation of the Road Traffic Act (Crime of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the crime of violation of the Road Traffic Act (Crime of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the crime of violation of the Act on the Aggravated Punishment, etc., on November 16, 2017, the court below's above punishment is unfair, rather than

2. In light of the judgment, the defendant and the prosecutor asserted the favorable or unfavorable circumstances as stated in the grounds of appeal. The court below held that the sentence of punishment on the defendant is inevitable on the grounds of unfavorable circumstances as stated in the grounds of sentencing, but considering the favorable circumstances alleged by the defendant, it seems that the court below sentenced 8 months to the lower court, which is close to the lower court after reducing the statutory punishment in light of the circumstances alleged by the defendant.

Therefore, all the circumstances alleged by the defendant and the prosecutor are judged to have been fully considered in the court below, and their father and wife wanted to take the defendant's wife against the defendant.