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(영문) 광주지방법원 2016.12.01 2016노3128

도로교통법위반(음주운전)등

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 judgment of the defendant reflects the crime of this case, and the fact that the defendant has no record of punishment for the same crime is favorable to the defendant.

On the other hand, the following is disadvantageous.

The defendant, while driving under the influence of alcohol without being in the period of suspension of execution, has caused a traffic accident.

At the time of the accident, the blood alcohol concentration of the defendant is very high to 0.193%.

The degree of injury of the victim is not somewhat weak.

The vehicle operated by the defendant is not mandatory insurance.

In addition, in full view of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., even if considering the circumstances favorable to Defendant, it is not recognized that the lower court’s punishment is too unreasonable as it 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.