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(영문) 광주지방법원 2016.12.13 2016노3753
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On the other hand, the prosecutor appealed to the court below's decision that the defendant's punishment (eight months of imprisonment) is too unreasonable, while the prosecutor appealed to the court below's decision that it is too uneasible and unreasonable.

2. The judgment defendant did not have any history of serving a sentence of imprisonment with prison labor or heavier punishment, and the occurrence of a traffic accident, which is the result of driving without a license without permission, led to the occurrence of an accident.

However, as the court below properly explained, even if the defendant was punished several times due to drinking without a license, the defendant's drinking without a license is more severe than twice again and the responsibility for the crime is excessive.

Among them, it is inevitable to sentence imprisonment because it presents a motor vehicle driver's license in the name of a punishment on one occasion, and uses another's personal information by forging documents in the name of a punishment, thereby avoiding punishment, and it is inevitable to sentence imprisonment because it has escaped for a long time while being investigated.

In addition, considering the sentencing conditions in this case, such as the Defendant’s age, character, conduct and environment, the lower court’s punishment is within the reasonable scope of discretion and is not deemed as excessive or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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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