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(영문) 광주지방법원 2016.09.20 2016노2323
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (10 months of imprisonment) of the lower court is too unreasonable.

Judgment

The defendant has been punished six times due to drinking driving, and there are many kinds of records of punishment for the same crime, such as non-licensed driving and escapeing vehicle, and in particular, since he was released on April 17, 2013 due to drinking driving, he did not fall under the crime of this case and did not fall under one year after he was released from the office, thereby high risk of repeating the crime of this case, and eventually, the accident occurred during the course of abnormal operation due to the influence of drinking.

In addition, comprehensively taking into account all the factors of sentencing as shown in the pleadings of this case, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.

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