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(영문) 대구지방법원 2017.10.12 2017노3577
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unfasible with regard to the punishment (six months of imprisonment) declared by the court below, and the prosecutor is too unfased and unfair.

2. It is recognized that the Defendant was waiting for committing the crime, and reflects the wrongness, and that the Defendant did not repeat again while disposing of the vehicle used for committing the crime, and that the driving distance is shorter than 50 meters.

However, in light of the fact that the defendant has already been sentenced to a suspended sentence for 8 months in the middle of July 7, 2016 due to the violation of the Road Traffic Act in the Seo-gu District Court's branch branch branch, the defendant was sentenced to a suspended sentence for 2 years in the middle of July 7, 2016, and that the defendant again committed the crime in this case without being aware of the fact that he was sentenced to a suspended sentence for 2 years in the middle of the grace period, and other various sentencing conditions such as the background of the crime, the defendant's age, sexual behavior, environment, etc., the sentence imposed by the court below is deemed appropriate, and it is not deemed unfair because it is too

3. The appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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