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(영문) 광주지방법원 2015.08.13 2015노1467
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

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

2. Determination factors are favorable sentencing factors, such as the fact that the Defendant’s mistake is divided and reflected, and that the Defendant supports the mother of the aged alone.

However, the defendant was sentenced to a large number of fines and suspended sentence due to drinking and unlicensed driving on May 15, 201, and in particular, even though he was sentenced to two years of suspended sentence on May 15, 2014 due to drinking and unlicensed driving on May 15, 201, the defendant committed the crime of this case even though he was under suspended sentence, even if he was punished by a fine on December 5, 2014 due to the same crime during the period of suspended sentence, and the defendant's blood alcohol concentration level is 0.135% higher than that of the defendant.

In addition, considering the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, and environment, as a whole, the lower court’s punishment is too unreasonable and inappropriate. Therefore, the Defendant’s assertion is without merit.

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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