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(영문) 광주지방법원 2018.02.08 2017노1476
도로교통법위반(음주운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the court below’s punishment (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the order to attend courses) so long as it is too unreasonable, and the prosecutor appealed that the sentence of the court below is too uneasible and unfair.

2. In full view of the favorable circumstances, such as the fact that the blood alcohol concentration was extremely high at the time of driving alcohol, the fact that the Defendant was punished for driving alcohol three times, etc., the Defendant’s mistake is against the Defendant, the distance of driving alcohol was shorter, the fact that the Defendant was punished for driving alcohol, and other favorable circumstances, such as the Defendant’s age, sexual behavior, environment, family relationship, circumstances after the crime, etc., and the various sentencing conditions specified in the records and arguments, such as the Defendant’s age, sexual behavior, family relationship, circumstances after the crime, etc., it does not seem that the lower court’s punishment is too heavy or unreasonable.

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

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