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(영문) 광주지방법원 2018.10.02 2018노2481
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the judgment defendant recognized the crime of this case and reflected it is favorable.

However, the Defendant committed the instant crime under the influence of alcohol again on April 21, 2018, which had been sentenced to a summary order of a fine of KRW 1.5 million on March 26, 2018 due to driving of alcohol on March 16, 2018. In particular, the Defendant committed the instant crime under the influence of alcohol again on April 21, 2018, and the risk of recidivism 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 appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition by the assent of all participating Justices (see, e.g., Supreme Court Decision 200Da3644, Apr. 1, 200).

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