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(영문) 광주지방법원 2015.06.25 2015노975
도로교통법위반(음주운전)등
Text

All appeals by the defendant are dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of each judgment of the court below (the first judgment: 6 months of imprisonment, 2 years of suspended execution and 2 million won of fine, probation, community service, 80 hours of probation, 40 hours of compliance driving) is too unreasonable.

Judgment

On August 21, 2014 between the first instance court and the second instance court’s respective crimes of unfair sentencing, and the second instance court’s respective crimes of violation of the Road Traffic Act (unlicensed Driving) for which the judgment became final and conclusive on August 21, 2014, the text of the language would be divided into two parts. Therefore, there is no reason to impose a single sentence.

Therefore, it is not necessary to reverse the judgment of the court below on the grounds of consolidation and the reasons for appeal are examined for each case.

On the other hand, the following are favorable factors: (a) the defendant's mistake is recognized together; (b) the distance of drinking and driving without a license by the second instance court is short; and (c) the violation of the Road Traffic Act (unlicensed Driving) for which the judgment has become final and conclusive in the case of the crime of the second instance judgment; and (d) the concurrent relationship between the latter part of Article 37 of the Criminal Act and the concurrent relationship between the latter part

However, the crime of the second instance judgment was committed during the trial on the crime of violation of the Road Traffic Act (unlicensed driving) for which the judgment has become final and conclusive, and the crime of the first instance judgment is committed during the trial on the crime of violation of the second instance judgment, and it seems that the attitude of warning the legal order of the defendant is very serious. The possibility of criticism is very serious, the defendant has a large number of criminal records, the defendant has a large number of criminal records, and the defendant has caused traffic accidents while driving without a license or drunk driving, etc., and the crime of the second instance judgment is an unfavorable sentencing factor. Considering the circumstances leading to the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, environment, etc., as a whole, it is not recognized that each sentence of the court below is too unreasonable, and the defendant'

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