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(영문) 광주지방법원 2014.07.31 2014노1316
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the following: (a) the Defendant was punished eight times or more for a traffic-related crime; (b) on June 30, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court’s Net Branch on June 30, 2010; (c) on November 30, 201, the Defendant committed the instant crime without being subject to repeated crime even though the execution of the sentence was completed in the net Prison on November 30, 2011; (d) the Defendant’s blood alcohol content exceeds 0.128%; (e) the Defendant’s blood alcohol content exceeds 0.128% due to the high potential risk of causing traffic accidents; and (e) it is necessary for the Defendant to strictly diversify the life and body of other persons; (e) it appears that the Defendant recognized the instant crime; (e) there is old age and physical disability 2; (e) the Defendant’s lusent ability to support; (ging circumstances) the Defendant’s age and circumstances following the instant crime.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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