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(영문) 광주지방법원 2018.09.06 2018노2179
도로교통법위반(음주운전)등
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. The judgment that the defendant reflects the crime is the circumstances favorable to the defendant.

On the other hand, the following is disadvantageous.

Prior to the instant case, the Defendant had been punished for a large number of alcohol driving and non-licensed driving.

Even though it does not seem to be the situation, a motor vehicle was driven under the influence of drinking and without a license, and the crime was controlled by the police, and repeated driving without a license on 18th day.

The risk of recidivism is high in light of the criminal history, drinking, and non-licensed driving behavior of such accused.

Since there is a need to punish the defendant strictly.

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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