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(영문) 광주지방법원 2017.08.29 2017노2295
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. The judgment has a family member to be supported by the defendant and the defendant's health condition is not good.

However, the crime of this case is a driving of Potoba without a license without a mandatory insurance under the influence of 0.165% alcohol content in blood by the defendant. The crime of this case is very heavy in that the defendant has already been punished six times only due to drinking driving.

In particular, although the defendant was sentenced to a suspended sentence of imprisonment due to the crime such as death or injury of dangerous driving, drinking driving, etc. in 2012 and was detained again in 2013, which was the period of the suspended sentence, and was sentenced to a sentence in the first instance court, despite the past record of being released by the first instance court after being sentenced to a fine in the second instance, the sentence of imprisonment is deemed inevitable in that the defendant committed the crime in this case.

In addition, there is no change in the 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, sex, environment, background of 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 recognized as 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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