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(영문) 수원지방법원 2018.11.21 2018노5766
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. The circumstances are favorable to the following: (a) the Defendant’s mistake is divided and reflected by himself/herself; (b) the Defendant did not repeat the crime; (c) the Defendant’s blood alcohol concentration is relatively low; (d) the Defendant voluntarily surrenders to the crime of forging a private document and uttering of the relevant investigation document; (c) there is no additional damage caused by the instant crime; and (d) there is a family member to support the Defendant.

However, when the Defendant was found to have driven without a license and driving without a license, the method of committing the instant crime is not good, such as preparing a document by stealing another person’s name, and there was a record of punishment for driving at around 2016, and repeating the instant crime on March 9, 2018, which was sentenced to a fine due to drinking driving on drinking on March 9, 2018. The lower court appears to have taken into account the favorable circumstances for the Defendant at the lower court, and there was no change in circumstances or circumstances that may be considered newly after the sentence of the lower judgment. In full view of all the sentencing conditions of the instant case, such as the Defendant’s age, sexual behavior, environment, circumstance and consequence of the instant crime, and the circumstances after the crime, etc., it is deemed that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s aforementioned assertion are

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

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