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(영문) 광주지방법원 2019.04.30 2019노495
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Determination is a favorable condition for the following reasons: (a) the Defendant recognized and reflected the instant crime; and (b) there are families with good health that need to be supported by the Defendant.

On the other hand, the fact that the defendant has a criminal record of the same kind, including the suspension of the execution of imprisonment with prison labor, the blood alcohol concentration is 0.187%, the drinking driving is a crime that may cause serious harm to an unspecified person, and the social risk is considerably high, and the occurrence of a traffic accident that actually causes physical damage by the defendant's drinking driving.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of various sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, family relationship, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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