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(영문) 광주지방법원 2014.07.30 2014노1418

도로교통법위반(음주운전)등

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 facts that the defendant recognized his mistake and the defendant did not repeat the crime, such as disposing of the Ortobane driven at the time of the instant case, are favorable. However, the crime of the instant case, while the defendant, while under the influence of alcohol by 0.105%, is not less vulnerable to the case that the defendant driven an Ortobane without mandatory insurance, and the defendant can have the same criminal record due to drunk driving and driving without license and commits the instant crime during the period of suspended execution. The defendant's imprisonment for 6 months sentenced by the court below was the lowest sentence for the punishment of the instant crime. In full view of various sentencing conditions as shown in the argument of the instant case, such as the background of the instant crime, circumstances after the crime, the defendant's age, character and conduct, etc., the defendant's punishment 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.