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(영문) 광주지방법원 2014.11.26 2014노2465

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment that the defendant recognized his mistake, and the blood alcohol content is not high, are favorable; however, the defendant can have the same criminal records of a drunk driving including a stay of imprisonment with prison labor for two times, and in particular, on June 30, 201, the defendant was sentenced to a suspended sentence of six months for driving under the influence of alcohol on June 30, 201 and committed the instant crime during the suspended sentence period. The six months of imprisonment with prison labor sentenced by the court below was the lowest sentence of imprisonment with prison labor sentenced to discretionary mitigation, and other various sentencing conditions in the instant argument, such as the background of the instant crime, circumstances after the instant crime, the defendant's age, character and behavior, and environment, and thus, it is not recognized that the sentence of the court below is too unreasonable. 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 since it is without merit. It is so decided as per Disposition.