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(영문) 의정부지방법원 2019.05.10 2019노436

All appeals filed by the defendant and prosecutor are dismissed.


1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant has the following disadvantageous circumstances:

Prior to the crime of this case, the defendant has been punished several times for drinking driving, including two suspended executions.

At the time of the instant crime, the blood alcohol concentration of the Defendant is very high to 0.217%.

On the other hand, the defendant has the following favorable circumstances.

The defendant recognized the crime of this case and is against the law.

Defendant did not cause a traffic accident due to the instant crime.

Family members of the defendant and the family members of the workplace want to be the wife of the defendant.

In light of the circumstances favorable to the Defendant and the unfavorable circumstances, and the fact that there is no change in the sentencing conditions compared with the original judgment as the new sentencing data was not submitted in the first instance court, it cannot be said that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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