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(영문) 광주지방법원 2020.02.06 2019노2864
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognized and reflected each of the crimes of this case, the fact that the defendant has no record of crime exceeding the fine, and the fact that there are children who should support the defendant.

On the other hand, even though the defendant had two previous convictions for the same kind of crime, he was found to have been driving on April 16, 2019 and blood alcohol level was high to 0.188% at the time. Nevertheless, on May 22, 2019, the defendant re-driving on May 22, 2019, and the blood alcohol level at this time was high to 0.183%, and the defendant was also driving under the influence of alcohol on August 7, 2019, while attending the court of the lower court on August 9, 2019, the defendant was driving under the influence of alcohol without a license on 43 occasions, such as non-licenseing until the date of the court of the lower court on August 9, 2019.

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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