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(영문) 광주지방법원 2016.12.15 2016노3080
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. The judgment is a favorable condition to the defendant that the defendant led to the confession and reflect of the crime of this case, and that the defendant should support his mother.

On the other hand, the following is disadvantageous.

The defendant committed the crime of this case without being aware of the fact that he was punished several times, including the suspended sentence of imprisonment due to drinking driving and driving without a license, and even though he was under the suspended sentence, he committed the crime.

The blood alcohol concentration is not lower than 0.112%, and it causes traffic accidents while driving under influence or driving without license.

The circumstances after the crime are not good, such as being arrested due to the lack of attendance at the investigation agency for a long time after the crime of this case.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, environment, and other various sentencing conditions shown in the instant records and arguments, even if considering the circumstances favorable to the Defendant, the lower court’s punishment is not deemed to be 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.

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