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(영문) 광주지방법원 2018.06.20 2018노1010
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 (six months of imprisonment) is too unreasonable.

2. We examine the following circumstances: (a) the Defendant recognized the instant crime and reflects the Defendant; (b) the Defendant’s physically disabled persons with physical disability 4; and (c) the Defendant is in a position to support his or her wife who is not good for health and his or her children with intellectual disability.

However, even though the defendant did not have acquired a driver's license at all, there was a history of punishment for the crime without a driver's license, and the defendant committed the crime of this case again during the period of suspension of imprisonment, and the defendant's blood alcohol concentration is low.

It is difficult to see that the defendant has been living by collecting and selling the secondhand water using the previous cargo vehicles, and therefore there is a high possibility of re-offending.

In full view of the various sentencing conditions as shown in the argument of this case, including the fact that there is no particular change in the sentencing conditions compared with the original judgment, the lower court’s sentence is too too unreasonable, and thus, the Defendant’s above assertion is without merit.

3. In conclusion, 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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