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(영문) 광주지방법원 2016.01.28 2015노2865
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

Judgment

The fact that the defendant is recognized as committing a crime and the driving distance of the defendant's drinking is not clear, etc. is a favorable sentencing factor.

However, even though the defendant was punished by a fine for a traffic accident caused by driving under the influence of alcohol in 201 and was sentenced to a punishment for a traffic accident caused by driving under the influence of alcohol in 2015, he/she committed the crime of this case at the same time during the period of the suspension of the execution, even though he/she had the record of punishment for a traffic accident caused by driving under the influence of alcohol or without a license in 2015, the defendant's blood concentration level is significantly higher than 0.181%, and the crime of this case has been transferred to traffic accident, etc. It is an unfavorable sentencing factor. In addition, if the defendant comprehensively takes into account various sentencing materials that were shown in the arguments, such as the background of the crime of this case, circumstances after the crime, the defendant's age, sexual behavior, environment, etc., the defendant'

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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