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(영문) 대구지방법원 2017.06.08 2017노1573
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (six months of imprisonment with prison labor) is too unfasible, and the prosecutor is too unfased and unfair.

2. The Defendant, who recognized the facts charged, runs against the Defendant.

On the other hand, the defendant has been punished for the same offense such as drinking and driving without a license (including two times before the suspension of execution).

In particular, the Defendant was sentenced to a suspended sentence in 2014 for re-offending of the crime of drinking and non-licensed driving, which was committed during the suspended sentence of the judgment sentenced in 2009, without being aware of the fact that he was sentenced to a fine during the suspended sentence of the judgment, and was sentenced to a suspended sentence again in 2014. However, the Defendant committed the instant crime of drinking and non-licensed driving.

In full view of the above-mentioned circumstances and other unfavorable circumstances, including the Defendant’s age, sex, environment, occupation, family relationship, circumstances leading to the crime, etc., and the sentencing conditions indicated in the records, including the circumstances after the crime, and where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As such, the sentence imposed by the lower court is deemed appropriate, and it is not recognized that the sentence imposed by the Defendant is too heavy or unreasonable.

3. As such, the appeal by 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. It is so decided as per Disposition.

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