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(영문) 광주지방법원 2018.11.07 2018노2599

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Determination is based on the following circumstances: (a) the Defendant recognized the instant crime; and (b) the Defendant’s denial of de facto marriage is against the Defendant’s wife; and (c) the Defendant sold the vehicle driven at the time of the instant crime.

However, in light of the circumstances unfavorable to the Defendant, including the fact that the Defendant was sentenced to six months of a sentence due to drinking driving in 2013 and the fact that the Defendant was sentenced to five times of a punishment due to drinking after 2002 including the previous convictions, etc., the Defendant’s above assertion by the Defendant does not seem to be unfair because the lower court’s punishment is too large, and thus, it does not seem to be unfair in light of various sentencing conditions specified in the instant argument.

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