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(영문) 광주지방법원 2019.08.13 2019노1338
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 (six months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Although the Defendant’s judgment recognizes and reflects the instant crime, there are many criminal records of the same kind including the suspension of the execution of imprisonment with prison labor, the blood alcohol concentration of the Defendant is 0.261%, the drinking driving is a crime that may cause serious harm to unspecified people, and the social risk is considerably high, and the occurrence of a traffic accident that actually causes physical damage by the Defendant’s drinking driving act is disadvantageous.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of the Defendant’s age, character and conduct, family relationship, circumstances surrounding the crime, and various sentencing conditions as shown in the records and arguments of this case, it is not deemed that the lower court’s punishment is too heavy or unreasonable.

Defendant

We do not accept the prosecutor's assertion.

3. 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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