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(영문) 광주지방법원 2016.12.13 2016노3747
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On the other hand, the prosecutor appealed to the court below's decision that the defendant's punishment (six months of imprisonment) is too unreasonable, while the prosecutor appealed to the court below's decision that it is too uneasible and unreasonable.

2. The judgment of the Defendant did not have any history of serving a prison term, and all of the facts charged immediately after the crime was recognized, and the traffic accident caused relatively minor damage to the damaged vehicle.

However, the Defendant carried out a traffic accident in the state of high blood alcohol level of 0.147%, and operated the same vehicle that was not covered by mandatory insurance again after about 16 days after driving the same vehicle, thereby causing a high risk of committing the crime.

In addition, even if he was sentenced to a fine and a suspended sentence of imprisonment due to driving without a license for drinking, he again committed the crime, and did not recover the damage to the victims.

Therefore, in order to prevent recidivism at the same time, the sentence of the defendant is inevitable.

In addition, considering the sentencing conditions in this case, such as the Defendant’s age, character, conduct and environment, the lower court’s punishment is within the reasonable scope of discretion and is not deemed as excessive or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, since each appeal 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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