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(영문) 수원지방법원 2015.10.30 2015노2518
도로교통법위반(음주운전)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the fine of KRW 15,00,000) is too unreasonable.

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

2. On January 2, 2015, which was sentenced to a suspended sentence of imprisonment due to the violation of the Act on the Control of Narcotics, Etc., the Defendant committed the instant crime once more than four times, and the crime was committed again on January 30, 2015, which was under the control of the police while driving under the influence of alcohol, and the crime was committed again on January 30, 2015, which was under the control of the police, and thereafter, it is not good that the Defendant committed the instant crime, such as causing a traffic accident.

However, in full view of the following circumstances: (a) the Defendant’s recognition of all of the instant crimes is against the Defendant; (b) there is no previous conviction exceeding the fine due to the same kind of crime; and (c) the Defendant’s age, character and conduct, environment, family relationship, and other circumstances that form the conditions for the sentencing of the instant case, the lower court’s punishment is too heavy or unreasonable.

Therefore, each of the above unfair sentencing arguments by the defendant, his defense counsel, and prosecutor is without merit.

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

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