beta
(영문) 광주지방법원 2020.02.13 2019노2619

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The judgment that recognized the Defendant’s crime of this case, and that the Defendant’s family members want to have the Defendant’s wife is favorable to the Defendant.

On the other hand, on April 21, 2014, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Gwangju District Court. On November 19, 2015, the Defendant was sentenced to a fine of KRW 5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court. On April 26, 2018, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violation of the Road Traffic Act (unlicensed Driving) at the Gwangju District Court. On May 4, 2018, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violation of the Road Traffic Act at the Gwangju District Court, which became final and conclusive on May 21, 2018, and was sentenced to the instant crime during the suspended sentence period, and it appears that there is no need to open the opening in light of the following: (a) the blood alcohol concentration at the time of the instant crime was higher than 0.161%; and (b) the Defendant did not have any other circumstances before and after leaving the retaining wall.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the lower court’s punishment is too unreasonable and unreasonable. Therefore, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.