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(영문) 수원지방법원 2015.11.18 2015노4947
도로교통법위반(음주운전)등
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 Prosecutor’s sentence is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant drives a vehicle while under the influence of alcohol 0.151% without a driver's license in light of the background, method, and contents of the crime, etc., and the quality of the crime is not good, and the defendant has been subject to criminal punishment several times, including punishment for the suspension of the execution of imprisonment due to drinking or unlicensed driving.

The fact that the defendant is waiting for and against the crime, and that there is a family member to support is favorable to the defendant.

In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the lower court is deemed to be appropriate, too heavy, or is deemed to be unreasonable because it is too unreasonable. Thus, the Defendant and the prosecutor’s argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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