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(영문) 수원지방법원 2017.12.15 2017노7588
도로교통법위반(음주운전)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment is a favorable condition to the defendant that the defendant repents and reflects his mistake, and that there is no record of punishment exceeding the fine.

On the other hand, the fact that the defendant has been punished three times due to drinking driving, and in particular, after being prosecuted on July 8, 2017 due to the control of self-license and drinking driving on July 8, 2017, the fact that the defendant's non-license and drinking driving on August 19, 2017, which is likely to repeat the same crime is disadvantageous to the defendant.

In addition, when comprehensively considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, it is not recognized that the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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

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