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(영문) 광주지방법원 2018.12.20 2018노2869
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The judgment that the defendant reflects the crime, and again does not drive drinking;

It is favorable to the defendant.

On the other hand, the following is disadvantageous.

A drinking driving is highly likely to cause harm to the life and body of others as well as himself/herself and requires strict punishment.

Furthermore, even though the defendant had a history of punishment for four times due to drinking driving, including a suspended sentence for one time, he/she has been driving in the same way.

At the time of driving the instant drinking, the alcohol level of the Defendant’s blood alcohol level was 0.187% high.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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