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(영문) 광주지방법원 2017.04.18 2017노217
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 Defendant’s blood alcohol concentration is relatively lower than 0.059%, and the driving distance is relatively short by driving approximately 1km, and the occurrence of traffic accidents.

However, the defendant has been punished several times for the same crime, and the same vehicle has been punished for drinking without a license since 2013, and the possibility of recidivism is high, and even though he/she has been punished for a repeated crime due to drinking without a license, he/she has been under the period of repeated crime due to driving without a license, so it is inevitable to sentence the defendant as a sentence for the defendant.

In addition, considering the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, etc., the sentence of the lower court, which was sentenced by reduction of the amount of punishment for one year, is only within the reasonable scope of discretion, and is too heavy.

It is difficult to see it.

Therefore, the defendant's assertion is not accepted.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the ground that the “C” of the judgment below 2, 9 is obvious that it is a clerical error of H, and thus, it is ex

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