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(영문) 광주지방법원 2018.02.08 2018노86
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (eight months of imprisonment) so long as the Defendant was so unfasible, and the Prosecutor appealed from the lower court’s punishment too unfasible and unfair.

2. Determination is very poor in the quality of the crime of this case committed while the defendant was prosecuted for and tried for driving under drinking, and the driving of drinking without obtaining a license or driving under the influence of alcohol requires strict punishment for the crime that is highly likely to harm the life and body of others as well as his/her own. The high level of alcohol level at the time of driving under the case 4543, which was 2017 high level of alcohol level and was caused by the accident where the center was separated from the center at the time of driving under the influence of drinking, and the fact that the records of punishment for driving under the influence of drinking reached three times, etc. are unfavorable circumstances, or other favorable circumstances such as the defendant's age, sex, environment, family relationship, circumstances of the crime, etc., and other various sentencing conditions as shown in the records and arguments of this case, it does not seem that the court below's punishment is too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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