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(영문) 광주지방법원 2018.08.21 2018노1899
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 (the imprisonment of eight months) is too unreasonable.

2. The following facts are favorable: (a) the Defendant recognized the instant crime; and (b) the fact that the judgment was rendered on April 6, 2018 at the same time with the crime of violating the Road Traffic Act (driving of Drinking) as indicated in the judgment of the lower court, and that the same should be considered.

However, the defendant has a variety of criminal records due to drinking, and the driver was driving a car without a driver's license while being under a criminal trial due to a separate drinking case. The crime of this case is bad, 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 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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