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(영문) 광주지방법원 2015.10.22 2015노2126

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

2. Determination factors are favorable sentencing factors, such as the fact that the defendant's mistake is divided and reflected, and the distance of the defendant's driving under influence is not clear.

However, considering the following factors: (a) the Defendant already has three times of drinking driving skills; (b) the Defendant committed the instant crime even though he was sentenced to one year of probation on September 17, 2014 due to a drunk driving, which was sentenced to one year of probation on the part of the Defendant; (c) the Defendant was in the atmosphere due to a drunk driving; (d) there was a risk of a serious accident due to a drunk driving; and (e) the Defendant’s blood alcohol concentration level was not lower than 0.121%; and (e) the Defendant’s blood alcohol concentration level was not lower than 0.1%, it is an unfavorable sentencing factor; and (e) other various sentencing materials that were shown in the pleadings, such as the background of the instant crime, the Defendant’s age, character and behavior

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.