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(영문) 광주지방법원 2016.01.13 2015노3018
도로교통법위반(음주운전)
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 (an amount of KRW 3 million) is too unreasonable.

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

2. Determination: (a) the Defendant has already been punished twice due to drinking driving; (b) on August 5, 2014, the Defendant committed the instant crime on a one-year basis after the completion of the execution of imprisonment for four months with prison labor for larceny; (c) on the other hand, he/she committed the instant crime; (d) while, on the other hand, he/she reflects his/her wrongness; (c) the Defendant does not have a high alcohol level during the instant blood transfusion and is very short of driving distance; and (d) the Defendant supports his/her children living alone; and (e) taking account of other various sentencing conditions specified in the instant argument, such as the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual behavior, and environment, the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s aforementioned assertion are all without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor 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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