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(영문) 광주지방법원 2014.12.03 2014노2536

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (eight months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant sells or scraps a vehicle that he/she has recognized and held for his/her mistake and does not drive again, and that there is a family member to support is a favorable circumstance.

However, the defendant can be punished for driving without a license for the same kind of drinking alcohol, including two times of punishment. Accordingly, the defendant's assertion is without merit, in light of the following circumstances: (a) the fact that the defendant committed the crime of Paragraph 2 of the judgment of the second instance in the course of trial due to the crime of Paragraph 1 of the judgment of the court below; and (b) other factors of sentencing as shown in the argument of this case, such as the background of the crime of this case; (c) circumstances after the crime of this case; and (d) the defendant's age, character and conduct, and environment.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.