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(영문) 대구지방법원 2017.09.21 2017노3297
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unfasible with respect to the punishment imposed by the court below (the imprisonment of six months and the fine of three hundred thousand won) and that the prosecutor is too unfased and unfair.

2. In addition, even though the Defendant had been punished several times for the same type of crime such as drinking or driving without a license, he/she causes a traffic accident while driving a motorcycle without mandatory insurance under the influence of drinking or non-license, which causes a traffic accident. Accordingly, he/she repeats the crime of driving again without being aware of the fact that the Defendant failed to fulfill his/her efforts to recover from damage, and that the Defendant was unable to receive a letter from the victims, as well as the Defendant’s punishment, and that there are many different types of crimes including the Defendant.

However, in full view of all the sentencing conditions, including the Defendant’s age, sexual conduct, circumstances after the crime, and attitude of trial, the sentence imposed by the lower court is deemed appropriate, and it is not deemed unfair because it is too heavy or unfasible.

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, and it is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act. However, since it is obvious that the "one-lane of the two-lane" of the judgment below is a clerical error in the "one-lane of the two-lanes," it is corrected ex officio.

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