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(영문) 수원지방법원 2016.03.04 2015노5973
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (an amount of KRW 5 million) is too unreasonable.

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

2. In light of the fact that the Defendant had been punished several times for the same crime even before, and that the Defendant had been sentenced to a suspended sentence of two years on December 4, 2013 as he/she transferred a bicycle under the influence of alcohol to a non-license for the same crime, and the judgment became final and conclusive on December 12, 2013, he/she repeatedly committed the same type of crime during the suspended sentence period, and that the Defendant had a significant degree of alcohol content in the blood alcohol level of 0.132% at the time of driving the instant drinking, it is necessary to punish the Defendant strictly.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant criminal acts; (b) the vehicle in which the Defendant driven the otobba due to the instant criminal acts; (c) the Defendant complained of economic difficulties as a recipient of basic livelihood security; and (d) the Defendant’s age, sex, intelligence and environment; (b) motive and background, means, methods, methods, and consequences of the instant criminal acts; and (c) the Defendant’s punishment imposed by the lower court is deemed reasonable; and (d) it is not deemed unfair because it is too heavy or too harsh.

Therefore, each of the above unfair sentencing arguments by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that each appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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