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(영문) 광주지방법원 2019.06.04 2018노3733

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 4,00,00) of the lower court is too unreasonable.

2. The fact that the judgment defendant recognized the instant crime and reflects it, and that the driving distance is not long is favorable.

On the other hand, even though the defendant has long transferred to the same kind of drinking driving, there are two criminal records for the same kind of drinking driving, blood alcohol concentration is 0.153%, drinking driving is a crime that may cause serious harm to an unspecified person, which is a high social risk, and a traffic accident that actually causes physical damage to a defendant's drinking driving.

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.