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(영문) 광주지방법원 2020.04.29 2020노6
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (one year of imprisonment) by the lower court, the Defendant asserted that it is too unreasonable for the Defendant to be sentenced to imprisonment, while the Prosecutor appealed to the effect that it is too unhued and unreasonable for the prosecutor.

2. The Defendant appears to recognize and reflect his criminal act, and there is no record of punishment exceeding the fine.

On the other hand, the Defendant was a drunk driver on July 18, 2019.

8. The same year, even though he/she was prosecuted on 28.

9. From November to September 19, re-driving one time, and three times without a license, and the nature of the crime is not good in light of the substance and timing of the crime.

In addition, among the road, the defendant is not exposed to the detection of a drinking driving by setting up a vehicle on the side and diving from among the road.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, and the sentencing conditions indicated in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view that it is too heavy or somewhat

Therefore, the defendant and the prosecutor's argument are not accepted.

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

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