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(영문) 의정부지방법원 2017.01.24 2016노3409
도로교통법위반(음주운전)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (unfair sentencing) is too unreasonable as it is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. The Defendant was involved in an accident while driving without a license under the condition of 0.170% alcohol concentration in blood, and the Defendant was found to have been punished six times due to drinking, driving without a license, and driving without license, as well as the Defendant committed each of the crimes of this case during the period of repeated offense due to drinking, driving without a license, and driving without license.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and against the instant crime; (b) the Defendant’s economic condition is not good; (c) there is a family member to support; (d) the Defendant’s wife is an abstract rock; and (e) the Defendant’s age, circumstances leading to the commission of the instant crime; and (e) other circumstances that are conditions for sentencing specified in the instant pleadings, such as the circumstances after the commission of the crime, the lower court’s punishment is too

(c)

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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