beta
(영문) 광주지방법원 2016.06.09 2016노807

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The following facts are favorable to the Defendant.

The defendant is against the defendant.

At the time of driving the instant drinking, the alcohol concentration in the Defendant’s blood was 0.104% high.

The family members and branch members of the defendant want to be the wife.

On the other hand, the following is disadvantageous.

The defendant has a history of criminal punishment on several occasions due to driving of drinking alcohol.

In addition, the crime of this case was committed without being aware of it during the suspension of execution due to drinking driving and driving without a license.

In addition, comprehensively taking account of various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, and circumstances after the crime, the defendant's assertion is without merit, since it is not recognized that the sentence of the court below is too unreasonable.

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. It is so decided as per Disposition.