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(영문) 수원지방법원 2017.11.24 2017노6922
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 (ten months of imprisonment) is too unreasonable.

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

2. The fact that the defendant repents his wrong and reflects his wrong is favorable to the defendant.

On the other hand, the fact that the defendant has been punished several times, including the suspended execution due to the same crime, and in particular, the fact that each of the crimes of this case has been committed in addition to the suspended execution due to the same crime is disadvantageous to the defendant.

In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive for the commission of a crime, and circumstances after the commission of a crime, the lower court’s punishment is too heavy or unreasonable.

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

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act and is so decided as per Disposition (Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, the part of the "Article 148-2(2)3 of the Road Traffic Act" in the "applicable Act to "Article 148-2(2)3 of the Road Traffic Act" in the "applicable Act to "Article 148-2(1)1 of the Road Traffic Act" shall be corrected to be "Article 148-2(1)1 of the Road Traffic Act."

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