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(영문) 광주지방법원 2017.02.09 2016노3965

도로교통법위반(음주운전)등

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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 defendant is willing to reflect on the crime and not to repeat the crime;

It is favorable to the defendant.

On the other hand, the following is disadvantageous.

The defendant has already been subject to criminal punishment on several occasions due to driving of drinking and driving without a license.

Among them, there has been a history of being sentenced to suspended sentence, and there is also a history of being sentenced to a fine by driving a drinking or a non-licensed driving during the suspended sentence.

However, the Defendant committed the instant crime of drinking and driving without a license without being aware of it.

In light of such defendant's drinking and non-licensed driving habits, the risk of recidivism is high.

Since there is a need to punish the defendant strictly.

Moreover, at the time of the instant case, the Defendant’s blood alcohol concentration was 0.191% higher.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment 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 on the grounds that the defendant's appeal is without merit.