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(영문) 수원지방법원 2014.06.16 2014노1955
도로교통법위반(음주운전)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (eight months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is excessively unreasonable.

2. The Defendant was punished by a fine in 2008 and 2009 due to drunk driving, and in 2010, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to the crime of violation of the Road Traffic Act and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

In 2011, during the period of probation, the person was punished by a fine again during the period of unauthorized Driving.

Nevertheless, the Defendant again driven without a license at low level while under the influence of alcohol level 0.141%.

As such, the punishment for repeated punishment and the punishment for the accused have not been eradicated, it is necessary to strictly punish the accused.

However, taking into account the favorable circumstances, such as the fact that the defendant recognized the crime of this case, the fact that the defendant supports the mother of the defendant, and the executive officers and employees of the company to which the defendant is accompanying wanting to take the defendant's prior action against the defendant, and taking into account all other factors of sentencing as indicated in the records and arguments, such as the defendant's age, character and conduct, environment, and circumstances after the crime, it cannot be deemed that the sentence of the court below sentenced to imprisonment for 8 months is too weak or unreasonable

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

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