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(영문) 광주지방법원 2016.10.19 2016노2787
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The fact that the Defendant’s mistake was properly recognized and the automobile used for each of the crimes of this case is scrapped, etc., and the fact that each of the crimes of this case did not lead to a traffic accident is more favorable.

On the other hand, the defendant has been punished several times due to driving without a license, and in particular, the defendant was investigated as a crime of drinking without a license (2016 highest 110), and he was engaged in driving without being among the persons (2016 highest 170 highest 201). The defendant's blood alcohol concentration at the time of each of the crimes of this case was not lowered (0.152%, 0.174%).

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Defendant’s assertion is not reasonable on the grounds that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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