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(영문) 대전지방법원 2018.02.07 2017노3748

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an imprisonment of August and a fine of KRW 300,000) is too unreasonable.

2. The Defendant’s judgment recognized the instant crime, against the mistake, and did not repeat the crime.

It is a favorable condition that supports the mother who suffers from dementia without good health conditions.

However, there is a history of criminal punishment that the defendant was subject to criminal punishment for the same drinking and non-licensed driving, including the sentence of punishment, and it seems that the defendant would have been subject to traffic accident by driving a non-licensed motor vehicle again in the non-licensed state while being tried by the defendant as the crime of this case, and repeated driving without the license even while the defendant was assigned as the case, it seems that the non-licensed driving would have been significantly lacking in compliance awareness.

In full view of the fact that there are no special circumstances that the original judgment and the punishment are different from the original judgment in the sentencing conditions indicated in the records, such as the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.