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(영문) 광주지방법원 2015.10.06 2014노3068
도로교통법위반(음주운전)
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 (a fine of five million won) is too unreasonable.

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

2. In full view of the elements of unfavorable sentencing, such as the Defendant’s history of criminal punishment twice due to drunk driving, driving under the influence of alcohol in this case, driving under the influence of 3 km in the status of 0.136% alcohol level, driving under the influence of 0.136%, and the factors of favorable sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, as well as other circumstances that form the conditions of sentencing as indicated in the records and pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., it is not deemed that the lower court’s punishment against the Defendant is too heavy

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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