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(영문) 광주지방법원 2019.10.30 2019노1375
도로교통법위반(음주운전)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

B.

Reasons

1. On May 30, 2019, Defendant B was dissatisfied with the judgment of the court below and filed an appeal. On August 3, 2019, Defendant B did not submit the appellate brief within the 20-day period for submitting the appellate brief under Article 361-3(1) of the Criminal Procedure Act, even if Defendant B received the notification of the receipt of the notification of the receipt of the trial record from this court on August 3, 2019, and the petition of appeal does not contain any reason for filing the appellate brief, and it is difficult to find

Therefore, Defendant B’s appeal should be dismissed by decision, but as long as Defendant A’s appeal is ruled as follows, Defendant A’s appeal shall not make a separate dismissal decision and shall be declared together with a judgment.

2. Judgment on Defendant A’s appeal

A. The summary of the reasons for appeal (one year and four months of imprisonment) by the lower court is too unreasonable.

B. In light of the circumstances properly explained by the court below in the reasons for sentencing, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., considering the sentencing conditions shown in the argument of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the Defendant is divided into the crime of this case, and the driving distance is short, and the Defendant’s family and family members also want the correction of the Defendant and the Defendant’s wife, the sentence of the court below is somewhat unreasonable.

3. In conclusion, Defendant B’s appeal is dismissed pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act.

In addition, since the appeal by the defendant A is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows

[Reasons for the new judgment against Defendant A] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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