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(영문) 전주지방법원 2015.10.14 2015노412
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (the fine of KRW 10 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In full view of the circumstances that the Defendant committed the instant crime during the period of probation due to drunk driving, etc., and the distance from driving without a license is considerably long, and the Defendant’s confession and reflects the instant crime; the Defendant did not cause any traffic accident due to the instant drinking and driving without license; the Defendant’s blood alcohol level was not relatively high; and other favorable circumstances, such as the Defendant’s age, character and behavior, living environment, and the means and result of each of the instant crimes, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, etc., it is not deemed that the lower court’s punishment is too minor or unreasonable.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, 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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