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(영문) 수원지방법원 2015.09.02 2014노7215
도로교통법위반(음주운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the fine of KRW 10 million) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The instant crime is an unfavorable condition to the Defendant, even though the Defendant had a history of criminal punishment, including imprisonment with prison labor, due to drunk driving, driving a vehicle while under the influence of alcohol 0.080% of 0.0% of alcohol level in the time. In light of the background, method, and content of the crime, etc., the crime is not good.

Since 2009, the fact that the defendant has no record of being punished for the same kind of crime is favorable to the defendant.

In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the lower court is deemed to be appropriate, too heavy, or is deemed to be unreasonable because it is too unreasonable. Therefore, the Defendant and the prosecutor’s argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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