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(영문) 수원지방법원 2016.08.19 2016노926
도로교통법위반(음주운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (7 million won) is too unreasonable.

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

2. Although the Defendant had been sentenced to a fine or a suspended sentence even before and after the Defendant had been sentenced to a fine for the same crime, the Defendant committed the instant crime during the suspended sentence period, and the Defendant’s blood alcohol concentration at the time of driving the instant drinking crime was considerably high by 0.144%, etc., which are disadvantageous to the Defendant, but on the other hand, the Defendant led to his confession of all of his/her own crimes and reflects his/her mistake, the Defendant is a recipient of basic livelihood security, the Defendant is a recipient of basic livelihood security, the lower court’s sentencing is reasonable and there are no special circumstances to change the sentence of the lower court, and the lower court’s punishment conditions such as the Defendant’s age, sex, sex, intelligence and environment, motive, means, method, consequence, criminal records, and the circumstances before and after the instant crime are considered to be adequate, and thus, the Defendant and the prosecutor’s respective arguments on the unfair sentencing are not accepted.

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 each appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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