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(영문) 대구지방법원 2017.11.02 2017노2040
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that, with respect to the punishment (eight million won in penalty) declared by the court below, the defendant is too unfasible, and the prosecutor is too unfased and unfair, respectively.

2. However, inasmuch as the Defendant had already been subject to three times or punishment due to drinking or non-licensed driving, and in particular, the Defendant did not know even though he was under the suspension period due to the crime of this case and did not commit the crime of this case, the punishment for the crime of this case is not against the law;

However, in full view of all the sentencing conditions, including the fact that the defendant committed a crime, committed a mistake against the defendant, and disposed of the vehicle used for the crime, and that the criminal act in this case does not lead to traffic accident, that the defendant has no record of punishment exceeding the fine for the same kind of crime, and that there is no other record of punishment, and that the defendant's age, sexual behavior, environment, etc., the sentence imposed by the court below is deemed appropriate, and it is not recognized as unfair because it is too heavy or unfeasible.

3. The appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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