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(영문) 광주지방법원 2017.06.20 2016노3683
도로교통법위반
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. The judgment of the defendant itself recognizes the crime of this case and has no record of crime.

However, the crime of this case finds a police officer who was under the influence of alcohol at the front time while driving the vehicle, one of the police officers is suspected of driving alcohol, leaving the vehicle onto the vehicle, leaving the vehicle to the delivery of the vehicle, leaving the vehicle to the pedestrian stairs connected to the delivery, leaving the vehicle behind the stairs in the process, leaving the vehicle, and driving the vehicle rapidly without disregarding the demand of the police officer who continued to stop the vehicle by the defendant, and the crime of this case is very bad.

The Defendant alleged that the Defendant did not drink alcohol at the time and was under the influence of drinking, and that the Defendant did not know that he did not properly sleep, and that hand did not know of himself, plucked up to the right, and plucked down to the stairs that passed through delivery, and that he returned to the future. However, in light of the circumstances at the time and the statement by police officers, it is difficult to readily accept the above assertion by the Defendant.

Meanwhile, the Defendant asserts that the suspended sentence pursuant to Article 9 subparag. 3 of the Act on the Establishment of Private Teaching Institutes is impossible to register the establishment and operation of a private teaching institute during the suspended execution period, and that the Defendant’s business would cause serious disruptions to the Defendant’s business. However, in light of the nature of the Defendant’s crime, such disadvantages are deemed to be disadvantage within the extent that the Defendant should bear as punishment for the instant crime.

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

In addition to such circumstances, the sentencing is based on the Defendant’s age, sex, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime.

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