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(영문) 광주지방법원 2018.08.07 2018노1762
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. Although the Defendant recognized all of the instant crimes, the Defendant’s blood alcohol concentration at the time of the instant case is relatively high to 0.119%, and the Defendant was punished seven times due to drinking or non-licensed driving (three times of punishment, three times of suspended sentence of imprisonment, two times of suspended sentence of imprisonment, and two times of sentence).

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as unfair because it is too unreasonable.

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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