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(영문) 광주지방법원 2017.10.17 2017노2606
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was in the same order with the victim, and did not inflict an injury on the victim.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. The following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the lower court and the trial of the party, i.e., the victim consistently committed the Defendant beyond himself/herself and assault at the investigation stage up to the trial of the party.

(2) In light of the fact that there is no reason to dismiss the defendant, the fact that the defendant injured the victim can be recognized. In light of the fact that the victim made a statement, i.e., there is a enemy with the defendant, and the victim listens to the statement that the defendant would arrange the job from the defendant on the day of the case.

Therefore, the defendant's assertion of factual mistake is rejected.

B. Sentencing: (a) the Defendant agreed with the victim of the crime of special injury and the crime of bodily injury; and (b) each of the instant crimes except the crime of bodily injury was committed on December 28, 2016, and the crime of violation of the Road Traffic Act (dacting driving) and the crime of violation of the latter part of Article 37 of the Criminal Act, and ought to take account of

However, the Defendant driven a third party to avoid punishment for driving under influence without a license.

It seems that there is a history of false testimony, which has been punished several times due to drinking driving, and that the legal order is light by driving for drinking without a license after being sentenced to the appellate court's decision on the confirmed driving of drinking and without a license.

In addition, the defendant, while putting the beer and beer's disease on the floor, interfered with the business of the beer's station, and was faced with the beer's disease. In addition, not only the nature of the crime is not good, but also there is a record of punishment several times for violent crimes, and the probation judgment becomes final and conclusive.

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