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(영문) 광주지방법원 2016.12.15 2016노3568
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

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

2. The following facts are favorable to the Defendant.

The Defendant led to confession and reflect on the crime of this case.

The degree of injury of the victim of a traffic accident is minor.

The health status of defendants is not good.

On the other hand, the following is disadvantageous.

The Defendant was punished several times, including imprisonment, due to drinking or unlicensed driving.

The Defendant, without having obtained a driver’s license, was driving under the influence of alcohol in the state of 0.196% of blood alcohol level without having been tried due to drinking under paragraph (1) of the judgment of the court below, and caused a traffic accident while driving under the influence of a driver’s license on 5 days thereafter.

Although the victim was injured due to the traffic accident, the defendant did not take any measures, and the possibility of criticism is high.

In light of the ordinary attitude of law repeated with the defendant's drinking behavior, it is necessary to punish the defendant strictly.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and the various sentencing conditions indicated in the instant records and pleadings, it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

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

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