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(영문) 광주지방법원 2020.10.21 2020노2215
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 of the Defendant shows the form of recognizing and reflecting the crime.

No defendant has been punished in excess of a fine.

However, the defendant has been subject to four times of punishment due to drinking or unlicensed driving, which is relatively recent in 2018, and has been punished due to drinking or unlicensed driving.

The number of driverless driving of the defendant is very high, and the defendant continues to drive without a license even while being investigated due to drinking or without a license, and in particular, even when being investigated by the prosecution, he/she was driving without a license.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means, consequence, etc. as shown in the records and pleadings, the sentence of the lower court is only within the reasonable scope of discretion, and it is difficult to view that it is unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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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