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(영문) 광주지방법원 2018.04.10 2018노493
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. It is advantageous to the fact that the Defendant recognized the instant crime and reflected, the victims do not want punishment under the agreement with the Defendant, and the fact that the Defendant should consider the equity between the case and the case to be tried at the same time as the final judgment was committed.

However, there are many criminal records for the defendant, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination award) has not been long committed, and thus, the crime is not good in light of the fact that the defendant committed the crime of drinking, the method of crime and the degree of damage, etc.

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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