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(영문) 수원지방법원 2019.06.26 2019노652
도로교통법위반(음주운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment, two years of suspended execution, and forty hours of order to attend a course) is too unreasonable.

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

2. There is no change in the conditions of sentencing compared with the original judgment because there is no particular new sentencing data in the judgment party, and considering all the reasons for sentencing revealed in the proceedings of the instant case (i.e., the confession of a crime, the depth of the mistake, the circumstances surrounding the drunk driving, the circumstances disadvantageous: the fact that there were several penalties for the same kind of crime, and the blood alcohol content was equivalent to 0.203%). In full, it cannot be deemed that the sentencing of the lower court is too heavy or it exceeded the reasonable scope of discretion by being frighted.

3. The appeal filed by the defendant and the prosecutor in conclusion are all groundless, and they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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