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(영문) 광주지방법원 2018.02.06 2017노4603
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. It should be recognized that there are many cases where the defendant needs to drive in the process of forming a farmer, and that it is not easy for the defendant to acquire a license because he/she was not well aware of the letter.

However, the crime of this case is that the defendant drives without a license in the state of 0.167% alcohol concentration in blood, and the nature of the crime is not less severe.

The defendant has been punished twice due to drinking and non-licensed driving, and in addition, the defendant has been punished five times only by imprisonment with prison labor, including two times a suspended sentence of imprisonment.

In particular, the Defendant committed the instant crime even though he was sentenced to a suspended sentence of imprisonment due to the low-licensed driving and was sentenced to a suspended sentence of imprisonment, and was not less than 3 months since the judgment became final, again committed the instant crime.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sexual conduct, environment, circumstances surrounding the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not deemed unfair because it is too unreasonable.

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.

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