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(영문) 광주지방법원 2018.08.30 2018노1887
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. That the defendant is against the judgment and he/she does not drive drinking again;

It is favorable to the defendant.

On the other hand, the following is disadvantageous.

Prior to the instant case, the Defendant had been punished twice by a fine due to drinking driving, and once a suspended sentence of imprisonment, but was also driving under the influence of drinking.

In addition, the crime of this case was committed without being aware of the period of repeated crime after being sentenced to imprisonment for a crime of violation of the law of marina society in Korea (gambling, etc.).

It is necessary to strictly punish the defendant in light of the defendant's attitude of drinking practice and compliance consciousness.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. 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 groundless.

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