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(영문) 광주지방법원 2017.08.08 2016노4745
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment of the court below is too unreasonable, while the prosecutor asserts that the sentence of the court below is too uneasible and unfair.

2. The Defendant, in 2015 and 2016, committed the instant crime again on July 15, 2016, when he/she received the last punishment even though he/she had been punished for the crime of drinking in the year 2015 and 2016, and committed the instant crime again on July 15, 2016. However, the Defendant, despite the above two punishments, once he/she had a drinking again within a short time without being aware of such two punishments, the nature of the relevant crime is not weak.

The defendant is likely to retire from his workplace when his punishment by the court below is finalized.

One of the arguments is that there is no evidence to submit it.

On the other hand, the defendant would not drive a vehicle again while selling the vehicle.

There is no record of punishment of a fine or more until the transfer of this case.

In full view of all such circumstances as the Defendant’s age, sexual conduct, environment, circumstances after the commission of the crime, circumstances after the commission of the crime, and sentencing of similar cases as indicated in the records and pleadings of this case, the lower court’s punishment in this case, in which there is no change in circumstances as to the sentencing conditions at the trial compared with the lower court, is only within the scope of reasonable discretion and is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, 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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