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(영문) 광주지방법원 2018.12.28 2018노3340

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the Defendant recognized and reflected the instant crime.

However, the defendant committed the crime of this case even though he/she has been sentenced to a suspended sentence of imprisonment or a fine for his/her driving without a license for drinking or without a license, and even if he/she has been sentenced to a suspended sentence of imprisonment for so far, he/she again committed the crime of this case, and the risk of repeating the crime 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.