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(영문) 광주지방법원 2016.11.22 2016노3424
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On the other hand, the prosecutor appealed to the court below's decision that the defendant's punishment (four months of imprisonment) is too unreasonable, while the prosecutor appealed to the court below's decision that it is too unhued and unreasonable.

(2) On the other hand, the prosecutor stated the opinion that the defendant should be punished by imprisonment with prison labor for one year. 2. The defendant did not have any past imprisonment with prison labor, and all of the facts of the crime immediately after the crime was committed, and the driving without permission without prison labor did not lead to a traffic accident.

However, the Defendant was driving again in the state of high blood alcohol level of 0.159% during the suspension period due to drunk driving, and was punished three times by a fine due to a drunk driving and one time by a suspended sentence of imprisonment, so it is inevitable to sentence the Defendant to prevent recidivism.

In light of the above facts and other factors of sentencing, such as the Defendant’s age, character and conduct, and environment, the lower court’s punishment is within the reasonable scope of discretion, and is not deemed to be too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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

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