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(영문) 광주지방법원 2015.03.26 2014노3141
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (10 months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant recognizes his mistake and the degree of injury of the victims is not severe, etc. are favorable factors for sentencing.

However, even though the defendant was punished several times, including imprisonment for drunk driving, he/she drives again during the period of repeated crime, and the blood alcohol content at the time of detection reaches 0.262%, etc. The court below seems to have determined the punishment by fully considering the circumstances favorable to the defendant. In light of the fact that there is no change in the circumstances that would be different from the judgment of the court below, the court below did not change the circumstances that could be different from the punishment of the defendant, and other sentencing materials in pleadings, such as the background of the crime of this case, the circumstances after the crime, the defendant's age, character, conduct and environment, etc., it is not recognized that the sentence of the court below is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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