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(영문) 서울북부지방법원 2017.07.20 2017노772
도로교통법위반(음주운전)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

B. The above sentence, which the court below decided against the defendant, is too unhued and unfair.

2. Under the judgment on the reasons for appeal, the sentencing of the Defendant and the Prosecutor together are examined.

In light of the circumstances that are disadvantageous to the defendant, such as the fact that the defendant recognized the crime of this case and is against the defendant, the fact that there is no record of punishment exceeding the fine, etc., and the fact that the amount of alcohol content was considerably high during blood at the time of this case, and other circumstances that are conditions for sentencing as shown in the records, such as the motive and background leading up to the crime of this case, the circumstances before and after the crime, the defendant's age, sexual behavior, environment, occupation, family relation, etc., the punishment imposed by the court below cannot be deemed unfair or unreasonable, and thus, each unfair argument for sentencing by the defendant and the prosecutor is without merit.

3. As such, the appeal 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. It is so decided as per Disposition.

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