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(영문) 광주지방법원 2016.04.21 2016노46
도로교통법위반(음주운전)등
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. That the defendant is against the judgment, and he/she does not drive drinking or drive without a license again;

It is favorable to the defendant.

On the other hand, the following is disadvantageous.

The defendant has been punished three times due to driving without a license and driving with drinking for three times.

At the time of the instant case, the Defendant’s blood alcohol concentration was relatively high by 0.131%.

The driving of this case caused a traffic accident.

On August 27, 2014, due to a traffic accident without a license, this Court was sentenced to 6 months of imprisonment and 2 years of suspended execution, and again committed the instant crime at least 2 months of suspended execution.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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