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(영문) 수원지방법원 2016.09.09 2016노872
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment, two years of probation, observation of protection, 40 hours of lecture attendance order, 200 hours of community service order) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is a condition for sentencing unfavorable to the Defendant, such as the Defendant’s driving without a driver’s license while driving without a driver’s license, and the Defendant’s records of criminal punishment (including two times the suspension of execution) for the same crime even before the instant crime was committed.

On the other hand, all of the crimes of this case are recognized by the defendant and they are against the defendant, and the distance of the defendant's driving is about 10 meters, etc. are conditions for sentencing favorable to the defendant.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sex, environment, family relationship, and the circumstances after the crime, the lower court’s punishment is too heavy or is deemed unfair, and thus, all of the aforementioned arguments regarding each of the above sentencing by the Defendant and the Prosecutor are rejected.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, 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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