beta
(영문) 광주지방법원 2019.04.30 2019노477

도로교통법위반(음주측정거부)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant recognized the crime of this case and reflects the criminal act of this case, but the defendant has a number of criminal records of driving without a license, the defendant committed the crime of this case while he was sentenced to imprisonment with prison labor due to drinking driving, driving without a license, and driving without a license, and the crime of this case was committed again during the suspension period of execution, and the driver's license was revoked due to drinking driving on April 2006 and repeated without obtaining the driver's license until now.

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. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.