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(영문) 광주지방법원 2018.09.18 2018노2302

도로교통법위반(음주운전)

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The defendant's appeal is dismissed.

Reasons

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

2. The fact that the judgment defendant recognized the crime of this case and reflected it is favorable.

However, the Defendant committed the instant crime of driving a cargo under the influence of alcohol, since the Defendant had a variety of criminal records due to drinking driving, and the Defendant had a traffic accident during the year 2015 while driving under the influence of alcohol and was faced with a stay of execution. Nevertheless, the Defendant committed the instant crime of driving a cargo under the influence of alcohol since the period of the stay of execution expires for a long time, and the risk of recidivism seems to be high.

In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

3. 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.