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(영문) 광주지방법원 2013.12.20 2013노1861
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year and six months of imprisonment) is too unreasonable when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The judgment of the Defendant is a favorable situation where the Defendant is aware of all of the instant crimes, reflects the fact that the victim suffered, the degree of injury is relatively minor, the Defendant agreed with the victim in the first instance, the Defendant’s health as a physically handicapped person is not good, and the mother’s mother suffers from the pulmonary cancer, etc. of the Defendant.

However, drinking driving is a crime that may threaten another person's life and body as well as it is highly likely that the defendant is driving under the influence of alcohol concentration of 0.15%, and the defendant was driving under the influence of alcohol while driving under the influence of alcohol, and the defendant was driving under the influence of alcohol for a long time after the crackdown on driving under the influence of alcohol, and the defendant went away from the scene without taking any measures to cause a traffic accident that leads to metobba while driving under the influence of alcohol, and the victim who prevents the defendant's escape from driving under the influence of alcohol was shocked by the defendant's vehicle driver, and the defendant was punished several times since 2007 (one suspended sentence, one time of a suspended sentence, and four times of a fine). However, considering the fact that the defendant committed a second offense without being subject to the suspension of execution, the defendant should be punished strictly.

In full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, circumstances after committing the instant crime, and the lower court’s discretionary mitigation, and then sentenced the Defendant to the minimum possible punishment by law (the crime of injury to a group, etc. (the crime of violation of the Punishment of Violences, etc. Act (the crime of injury to a deadly weapon) is subject to imprisonment for a limited term of not less than three years), etc., the lower court’s sentence cannot be deemed to be too unreasonable.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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