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(영문) 광주지방법원 2016.12.01 2016노2940

도로교통법위반(음주운전)

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 is against the defendant, and that the defendant would not drive under the influence of alcohol again is favorable to the defendant.

On the other hand, the following is disadvantageous.

In 2013, the Defendant was punished by a fine on two occasions due to drinking driving and by a suspended sentence on one occasion.

Nevertheless, the period of the suspension of the execution was eight months after the expiration of the suspension of the execution.

In light of the defendant's behavior of drinking driving, the risk of recidivism seems to be very high.

At the time of the instant case, the Defendant’s blood alcohol concentration was 0.147% high.

In addition, in full view of the circumstances of the instant crime, the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, etc., 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 since it is without merit. It is so decided as per Disposition.