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(영문) 청주지방법원 2019.03.14 2018노1566
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 (six months of imprisonment) is too unreasonable.

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

2. In light of the following factors: (a) the Defendant committed the instant crime without a license on December 24, 201, without being sentenced to imprisonment for 4 months and 2 years of suspension of execution, and without being sentenced to imprisonment for 4 months and 2 years of suspension of execution on December 24, 2016; and (b) the Defendant committed the instant crime without being sentenced to imprisonment for 4 months and 2 years of suspension of execution, and the lower court’s sentence is the lowest sentence after mitigation of the statutory penalty, and thus, is the Defendant’s wife and children’s livelihood; and (c) the Defendant’s wife and her wife are the Defendant’s wife. In full view of the factors of sentencing that are favorable to the Defendant, including: (a) the Defendant was sentenced to imprisonment for 6 months and 2 years of suspended sentence; and (b) the Defendant was sentenced to imprisonment for 4 months and 2 years of suspended sentence.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per

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