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(영문) 서울중앙지방법원 2014.07.24 2014노1523
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of eight months of imprisonment sentenced by the lower court is too unreasonable.

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

2. In full view of the following: (a) the process of the determination of the crime; (b) the commission of the crime involving drinking driving; (c) the commission of the same crime; (d) six months of imprisonment for the same crime; and (e) three months of a suspended sentence; and (e) the overall circumstances after the crime; (d) all the sentencing conditions in the records and arguments including the Defendant’s character and behavior and family environment; and (e) the scope of the recommended sentencing guidelines of the Supreme Court, it is not recognized that the sentence imposed by the court below is 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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