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(영문) 광주지방법원 2019.10.17 2019노1974
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable;

2. It is recognized that the judgment of the defendant shows the appearance of the defendant to reflect his mistake, and there is a family member to support the defendant.

However, the defendant was sentenced to the crime of this case again during the period of repeated crime committed by the same crime even though he had been tried for the same kind of crime, and the defendant was sentenced to the punishment due to the act of driving without obtaining a license, which had been used for the crime of this case prior to the crime of this case. Although the circumstances that sold the above vehicle at that time were considered as favorable sentencing factors, he drives the vehicle again after the discharge, the balance between the defendant's age, character and environment, motive, means and consequence of the crime of this case, and other conditions of sentencing specified in the argument of this case such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, it is not recognized that the above argument of the defendant is too unreasonable. Thus, the above argument of the defendant is without merit.

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

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