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(영문) 광주지방법원 2020.01.16 2019노2139
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, fine of two hundred thousand won) is too unreasonable.

2. It is recognized that the Defendant appears to reflect his mistake, that there was an agreement with the victims of the instant traffic accident, and that there was a family member to support the Defendant.

However, considering the fact that the crime of this case is not good, the defendant committed again during the period of suspension of execution even though he had been tried for the same kind of crime, the balance of sentencing with the same crime, the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, it is not recognized that the sentence of this case is too unreasonable. Thus, the above argument of the defendant is without merit.

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

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