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(영문) 대전지방법원 2018.08.23 2018노705
도로교통법위반(음주운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal: Improper sentencing;

A. The sentence imposed by the lower court (one year of imprisonment, two years of probation, protection observation, community service order 160 hours, 40 hours of attendance order) is too unreasonable.

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

2. The lower court appears to have determined a punishment within a reasonable scope by comprehensively taking into account the various sentencing conditions against the Defendant, and there is no new change in circumstances that could change such sentencing in the first instance court. Therefore, even considering the circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, the lower court’s punishment is too heavy or unreasonable.

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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