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(영문) 수원지방법원 2018.03.14 2017노9643
도로교통법위반(음주운전)
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 (six months of imprisonment) is too unreasonable.

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

2. The judgment is a favorable circumstance that the defendant repents his mistake and reflects his mistake, does not repeat the crime, and there is no additional damage caused by the crime of this case.

However, in light of the following: (a) the Defendant’s blood alcohol concentration high; (b) the Defendant had been subject to punishment several times due to drinking driving; (c) the Defendant repeated the instant crime without being aware of having been sentenced to the suspended sentence due to fraud, etc.; (d) the lower court appears to have taken into account the circumstances already favorable to the Defendant; and (c) there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment was rendered; and (d) the Defendant’s age, sex behavior, environment, the background and consequence of the instant crime; and (e) all of the sentencing conditions indicated in the instant case, such as the circumstances after the crime was committed, etc., the lower court’s sentence is too heavy or is deemed unfair, and thus, the Defendant

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all 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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