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(영문) 광주지방법원 2015.10.15 2015노2024
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. The judgment factor is a favorable sentencing factor, such as the fact that the defendant's mistake is divided and reflected, the distance of the defendant's drinking driving is not clear, and the defendant's family members and branch members want to take a preference against the defendant.

However, considering the fact that the defendant already has three times of drinking driving skills, in particular, the defendant committed the crime of this case even though he had been sentenced to two years of suspended sentence on August 1, 2013 due to drinking driving, which was sentenced to two years of suspended sentence on August 1, 2013, and the defendant's blood alcohol concentration is not lower than 0.125%, and the defendant's blood alcohol concentration is an unfavorable sentencing factor. In full view of the circumstances of the crime of this case, the defendant's age, character and conduct, and environment, it is not recognized that the sentence of the court below is too unreasonable. Thus, 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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