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(영문) 광주지방법원 2017.03.28 2016노5147
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. It is true that the Defendant’s blood alcohol concentration is not high, and that the instant crime did not lead to traffic accidents.

However, the defendant has been punished several times for the same crime, and in 2014, after being sentenced to a suspended sentence of imprisonment due to drinking or non-licensed driving, it is inevitable to sentence the defendant as a sentence.

In addition, considering the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, etc., the sentence of the lower court, which was sentenced by reduction of the amount of punishment for one year, which is the maximum statutory penalty applicable to the instant case, is difficult to be deemed to be within the reasonable scope of discretion and to be the degree of reversal because it is too large.

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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