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(영문) 광주지방법원 2017.06.22 2017노1546
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment [the 150,00 won, 150,000 won, 1.00 won, 1.00 won, 1.00 won, 1.00 won, 1.00 won, 1.00 won, 1.00 won,

2. On December 2016, the crime of this case was committed by the Defendant without a mandatory insurance without a license under the influence of alcohol. On March 2017, each of the crime of this case was committed by the Defendant, who was under the influence of alcohol and refused a police officer's request for a measurement of drinking, who was suspected of driving under the influence of alcohol, and was dispatched after receiving a report on the suspicion of driving under the influence of alcohol, and thus, the nature of the crime is very poor. The driving of alcohol is not only necessary, but also requires strict punishment for the crime that may endanger another person's life and body. The Defendant committed the crime of this case since five months have not passed since he was released without being aware of the fact that the Defendant committed the crime of this case during the repeated term of the crime of driving like drinking, and the power of criminal punishment for driving (including refusal of measurement) or non-licensed driving reaches eight times (four times the sentence of this case) or more disadvantageous.

However, there are favorable circumstances such as the fact that the defendant led to a crime and made a mistake against his will, and that the defendant continuously received treatment for alcohol addiction, etc.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, and other various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too heavy or unreasonable.

The grounds for each appeal are without merit.

3. The appeal filed by both 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.

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