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(영문) 광주지방법원 2016.04.20 2016노504
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The judgment that the defendant recognized his mistake and reflects on the fact that the defendant was found to have committed a crime of this case, and that he did not repeat again after receiving counseling about alcohol addiction after this case, and that his family and persons wish to find the defendant's wife. However, the defendant had already been punished once due to drinking, 4 times due to driving without a license, and 4 times due to driving without a license, while the defendant had a high alcohol concentration in blood, and the defendant again committed the crime of this case even during the period of suspension of execution due to driving without a license. The occurrence of traffic accidents due to driving of this case is disadvantageous circumstances. Considering the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc., it is not recognized that the punishment of the court below is unfair because of excessive sentencing, and thus, the above assertion by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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