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(영문) 대구지방법원 2016.06.02 2015노2456
도로교통법위반(음주운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (the imprisonment of six months, the suspension of execution of two years, the community service order 80 hours, the order to attend a law enforcement lecture, 40 hours) is too unreasonable because the prosecutor is too unfasible and unfair.

2. It is recognized that the Defendant led to confession and reflects the facts charged, and that there was no record of punishment between the last five years prior to the instant crime.

However, it is also recognized that the Defendant committed the instant crime even though he had much history of punishing mobile species, such as being punished three times by drinking driving only after 2003.

In addition, comprehensively taking account of the various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age, environment, sex, occupation, circumstances leading to the instant crime, and circumstances after the commission of the crime, the lower court’s punishment is not deemed unfair or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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