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(영문) 광주지방법원 2016.07.21 2016노1118

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. That the defendant's mistake is against his/her own mistake and does not repeat the crime

It is the circumstance favorable to the defendant that the child should be supported by the mother, and that the child support should be borne by the child is favorable to the defendant.

On the other hand, the following is disadvantageous.

The defendant has been punished six times, including a suspended sentence due to drinking driving or non-licensed driving.

At the time of the instant crime, the amount of alcohol concentration among the blood of the Defendant is not low, and the distance of unauthorized driving is not shorter.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the records and arguments, even if considering the circumstances favorable to the Defendant, 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. It is so decided as per Disposition.