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(영문) 대전지방법원 2016.07.14 2016노190
도로교통법위반(음주운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (the penalty amounting to five million won) is too unreasonable.

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

2. Since the defendant, even though he/she was subject to criminal punishment several times for the same crime, he/she has again committed the crime of this case, it is necessary to punish the defendant.

However, there is a favorable condition for the defendant, such as the fact that the defendant is running the crime of this case, the distance of the defendant operating the vehicle is about 50 meters, and there is no record of criminal punishment exceeding the fine of the defendant. In full view of all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too weak or unreasonable after the crime is committed.

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

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