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(영문) 대구지방법원 2020.11.27 2020노1358
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the gist of the grounds for appeal (e.g., 7 million won) by the lower court, the Defendant asserts that the punishment is too high, and that the prosecutor is too low to impose the punishment, and that the punishment is unreasonable.

2. It is recognized that the defendant committed each of the crimes in this case during the suspension period of execution due to a large amount of criminal records and criminal records for the same kind of crime.

In addition to the above circumstances, the lower court determined punishment by comprehensively taking account of the following circumstances as stated in its reasoning (affirmative by actively taking into account the following favorable circumstances: (a) the Defendant recognized all of the crimes in this case; (b) the distance in which the Defendant driven the instant Otoba while under the influence of alcohol is relatively short; (c) the Defendant paid KRW 300,000 to the victim of the crime causing property damage; and (d) the above victim did not want the punishment; and (e) the Defendant’s neighbors, etc. wanted to have the Defendant’s wife and appears to clearly have social ties, such as the fact that social relationship

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even if considering all the sentencing factors indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, it does not seem that the sentencing of the lower court is too heavy or unhued, thereby exceeding the reasonable scope of discretion.

Defendant

The prosecutor's assertion is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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