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(영문) 수원지방법원 2015.04.15 2015노473
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The crime of this case is deemed to have been sentenced four times to a fine due to the violation of the Road Traffic Act (driving) and is to drive a vehicle by drinking alcohol to the extent that the blood alcohol concentration level without a driver's license reaches 0.221%. In light of the background, method, and contents of the crime, etc., the crime is not good, and the fact that all of the facts of the crime have been led by an investigative agency, and the fact that it is not persuasive in the original judgment, and that the fact of the crime has been denied is unfavorable to the defendant.

The circumstances are favorable to the defendant, such as the fact that the defendant has already committed a crime again when the defendant was in the first instance and is against the law, that there is no record of punishment by imprisonment or by the suspension of execution, and that there is a family member to support.

In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the lower court is deemed to be appropriate, too heavy, or is deemed to be unreasonable because it is too unreasonable. Therefore, the Defendant and the prosecutor’s argument are without merit.

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

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