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(영문) 광주지방법원 2016.10.27 2016노2550
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 (six months of imprisonment) is too unreasonable.

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

2. The judgment of the defendant has a record of being punished several times, including the suspended sentence of imprisonment for the same crime, and the fact that the defendant committed the crime of this case without being involved in the suspended sentence due to drunk driving andless driving is disadvantageous to the defendant.

On the other hand, the following conditions are favorable.

The defendant is expected to reflect his mistake and not to repeat the crime.

The length of unlicensed driving and drunk driving is not relatively long, and the blood alcohol concentration is not higher than 0.05%.

Also, the instant crime did not lead to a traffic accident.

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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