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(영문) 광주지방법원 2019.09.05 2019노1433
도로교통법위반(음주운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of three million won) is too unreasonable.

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

2. The judgment that the Defendant committed the instant crime during the period of repeated crime, and that there was a history of punishment once due to drinking driving, is disadvantageous to the Defendant.

On the other hand, the fact that the defendant reflects his mistake, and the fact that the crime of this case is in the relationship of fraud and ex post facto concurrent crimes with the judgment that became final and conclusive, the principle of equity with the case that the two crimes are judged simultaneously is favorable to the defendant

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, etc., the lower court’s punishment is not deemed to be too weak or unreasonable. Therefore, the Defendant and the Prosecutor’s assertion are without merit.

3. The appeal filed by the defendant and the prosecutor in conclusion is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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