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(영문) 광주지방법원 2013.10.11 2013노1689
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (two months of imprisonment) is too heavy when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The judgment of the court below states that the defendant would not repeat the crime of this case while recognizing the crime of this case. However, drinking driving is highly likely to cause a traffic accident. Since the defendant has been punished three times as a crime of the same kind (two times a fine, one time a suspended sentence), the defendant was sentenced to a suspended sentence for ten months due to a violation of the Road Traffic Act (one time a suspended sentence), and again committed the crime of this case during the suspended sentence period. The defendant's drinking value measured at the time of this case is very high as 0.151%, and the statutory punishment for the violation of the Road Traffic Act (one year to three years) is stipulated as a fine of not less than 5 million won and less than 10 million won, considering the above circumstances, the court below's decision that the defendant was sentenced to a short sentence of punishment after choosing imprisonment with prison labor after taking into account the defendant's above circumstances, the defendant's age, character and behavior, the defendant's environment, record of the crime of this case and all of the circumstances before and after the trial are unreasonable.

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

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