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(영문) 광주지방법원 2019.09.17 2019노1577

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. The judgment is a favorable circumstance that the Defendant recognized the instant crime and reflected in the instant crime, and that the driving distance is not long.

On the other hand, there are many criminal records of the defendant, the punishment of the same kind of crime was completed, and the execution of the punishment was completed, and the crime of this case was committed again during the repeated crime period, and the blood alcohol concentration is 0.147%, and the drinking driving is a crime that may cause serious harm to unspecified people, and the social risk is considerably high, and the traffic accident that actually causes physical damage due to the drinking driving of the defendant is disadvantageous.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of various sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, family relationship, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.