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(영문) 광주지방법원 2019.10.31 2019노2181
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The judgment that the defendant recognized the crime of this case and reflected against the defendant is favorable to the defendant.

On the other hand, as stated in the records of the criminal records in the judgment below, the defendant has been punished three times or more even prior to the crime of this case, and one time of which is subject to suspended execution. Nevertheless, the defendant did not go against the suspended execution period according to the judgment sentenced to the violation of the Road Traffic Act (facing) and even without obtaining again a driver's license while drinking, and seems to be highly likely to repeat the crime of this case.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the lower court’s punishment is too unreasonable and unreasonable. Therefore, 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 conclusion is groundless.

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