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(영문) 광주지방법원 2014.08.21 2014노1549
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment appears to have recognized and reflected the instant crime, and the fact that the Defendant is deemed to have faithfully endeavored for the treatment of alcohol addiction, etc. However, the drinking driving is highly likely to cause traffic accidents and thus, requires a strict diversification of crimes that may threaten the life and body of others as well as himself/herself. The Defendant has been punished for traffic-related crimes, including two times a fine due to drinking driving, one suspended sentence, and five times a year a suspended sentence, and the blood alcohol concentration reaches 0.139% at the time of driving under the influence of alcohol in this case, and all the sentencing conditions indicated in the instant case, including the Defendant’s age, character and behavior, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, are considered to be unfair. Thus, the Defendant’s above 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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