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(영문) 광주지방법원 2016.11.24 2016노3013

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the judgment defendant led to confession and reflects the crime of this case, and that the defendant should support a number of minor children is favorable to the defendant.

On the other hand, the following is disadvantageous.

The defendant was punished several times, including the suspension of the execution of imprisonment for the same kind of crime.

The blood alcohol concentration at the time of the instant crime is not lower than 0.126%.

In the state of a license without permission, a traffic accident has occurred while driving while under the influence of alcohol.

In addition, in full view of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., even if considering the circumstances favorable to Defendant, it is not recognized that the lower court’s punishment is too unreasonable as it is too unreasonable, and 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.