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(영문) 대구지방법원 2018.12.14 2018노3813
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence that the court below sentenced the defendant (the crime Nos. 1, 2, and 4 in the judgment of the court below: imprisonment with prison labor for one year, and crimes No. 3 in the judgment of the court below: imprisonment with prison labor for two months, and orders to complete child abuse treatment programs for 40 hours) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. We also examine the judgment and prosecutor’s improper claims for sentencing.

It is recognized that the defendant was sentenced to a total of three times of fine due to the crime of driving without a license for the same drinking, and was sentenced to a total of 23 times of punishment including the crime of the same kind of violence, and in particular, he committed the crime of the crime of the No. 1, 2, and 4 of the judgment of the court below during the period of repeated crime due to interference with duties, and again carried out driving without a license for driving without a license for the same drinking.

However, it is also recognized that the defendant recognized all of the crimes of this case when he was in the first instance, the disabled of grade III, the injured public official of the obstruction of the performance of official duties expressed his intention not to have the punishment of the defendant during the investigation process, and the need to consider equity in the case of concurrent crimes after Article 37 of the Criminal Act at the same time with the previous conviction in the relationship of concurrent crimes.

In addition, taking into account the various circumstances such as the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

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

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