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(영문) 수원지방법원 2018.02.14 2017노7778
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

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

2. The judgment driving is likely to cause great harm to unspecified persons, and the defendant has already been punished several times due to traffic-related crimes, but again commits the crime of drinking and non-licensed driving of this case. In particular, the crime of this case was committed during the suspension of the execution of imprisonment with prison labor due to drinking driving, etc. and was committed during the suspension of the execution of the sentence. The fact that the defendant's blood alcohol concentration was high at the time of drinking driving is disadvantageous to the defendant.

However, the circumstances favorable to the defendant include the fact that the defendant recognized his mistake and reflects his depth, the fact that there is no record of having been sentenced, and the fact that the family members and the branch members want the defendant's wife.

In addition, considering the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime, etc., the Defendant and the prosecutor’s assertion are without merit, since the lower court’s punishment is too heavy or is not unreasonable because it is too heavy.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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