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(영문) 광주지방법원 2013.07.17 2013노1031
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment is based on the following facts: (a) the Defendant’s confession of criminal facts; (b) the distance of the Defendant’s driving is shorter than 50 meters; (c) the Defendant was found to have been aware of traffic accidents; (d) the Defendant was sentenced to imprisonment for a period of eight months on July 5, 2012 due to a crime of violating the Road Traffic Act on July 5, 2012, and was sentenced to two years on July 13, 2012; (b) the Defendant committed the same kind of crime even during the suspension period; (c) the Defendant was punished twice as a fine; (d) the Defendant’s blood alcohol concentration was higher than 0.162% at the time of the crackdown; (d) the Defendant’s blood alcohol concentration was sentenced to imprisonment with prison labor for a period of one year to three years; and (e) the Defendant’s imprisonment with prison labor for a minimum period of six months after taking into account the favorable circumstances for the Defendant; and (e) the record and various conditions of the instant sentencing are deemed unreasonable.

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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