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(영문) 광주지방법원 2016.10.27 2016노2406
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. Prior to the instant case, the Defendant had been subject to criminal punishment twice for a drunk driving, five times with no license driving, and two times for a violation of the Guarantee of Automobile Accident Compensation Act.

Furthermore, the Defendant was sentenced to suspended sentence due to drinking driving, etc., and again committed the instant crime because the period has not passed.

At the time of the instant case, the Defendant’s blood alcohol concentration was relatively high by 0.123%.

Due to the drinking driving of this case, there was a traffic accident that the defendant was driving.

In light of such criminal defendant's drinking, unlicensed driving habits, and attitude of lack of compliance consciousness, the risk of recidivism seems to be high.

In addition, in full view of the circumstances of the instant crime, the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, etc., 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 since it is without merit. It is so decided as per Disposition.

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