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(영문) 서울중앙지방법원 2019.01.17 2018노3141
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

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

2. The Defendant’s crime of this case caused an accident of shocking the glass of the place of business for motor vehicle sales, and the Defendant has been punished four times as a crime of drunk driving, such as the record of criminal records in the judgment below. In particular, on September 12, 2016, the Seoul Eastern District Court has been sentenced to two years as a suspended sentence of imprisonment in August. 2, 2016. The instant crime was committed during the period of the suspended sentence, and the Defendant has been subject to two times as a non-licensed driving crime.

On the other hand, the fact that the defendant recognized the crime of this case as the crime of this case, and tried not to repeat again, that there is no criminal record exceeding the suspended sentence, and that there is no criminal record except the records of punishment for traffic-related crimes such as drinking and driving without a license, etc., are favorable to the defendant.

In full view of the above circumstances favorable or unfavorable to the defendant, as well as the age, character and conduct, environment, and circumstances after the crime, etc. of the defendant revealed in the records and arguments, the sentence imposed by the court below is too heavy, or it cannot be deemed unfair because it is too uneasible.

All the arguments of the defendant and prosecutor are without merit.

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

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