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(영문) 광주지방법원 2016.12.01 2016노2460

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 that the defendant reflects the crime of this case and wants not to repeat the crime, and that the defendant's health condition is not good, is favorable to the defendant.

On the other hand, the following is disadvantageous.

The Defendant was punished several times, including a suspended sentence of imprisonment, due to drinking or unlicensed driving.

In particular, the crime of this case has been committed without being committed during the period of suspension of execution due to the same crime.

The blood alcohol concentration at the time of the instant crime is not lower than 0.146%.

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.