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(영문) 광주지방법원 2020.06.09 2020노704
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 (a year and April 1) is too unreasonable because the Defendant (a person in prison labor) was sentenced to imprisonment.

B. The above sentence of the lower court is too unhued and unfair.

2. The judgment that the defendant recognized the crime of this case is favorable to the defendant, but the defendant has committed the crime of this case, such as drinking and non-licenseing, at least 10 times, including his/her imprisonment, and in particular, during the suspension period due to the same criminal conviction, and the blood alcohol concentration (0.130%) of this case is high.

There are no special circumstances or changes in circumstances that can be newly considered by this court, and in full view of the Defendant’s age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too heavy or unreasonable.

The defendant and prosecutor's arguments are not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, 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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