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(영문) 광주지방법원 2018.04.05 2018노566
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. That the defendant is against the judgment, and he/she does not drive drinking or drive without a license again;

It is favorable to the defendant.

On the other hand, the following is disadvantageous.

The defendant has been punished five times due to drinking driving and one time due to driving without a license.

The instant crime was committed while driving a vehicle again during the suspension period due to drinking driving.

It is necessary to strictly punish the defendant in light of such criminal defendant's drinking, non-licensed driving habits, and attitude of lack of 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. In conclusion, 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 without merit.

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