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(영문) 광주지방법원 2015.11.26 2015노1485
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (hereinafter referred to as a fine of 4 million won) is too unreasonable.

Judgment

The fact that the defendant is recognized to commit a crime, the fact that the health of the defendant is not good, etc. are favorable factors for sentencing.

However, even though the defendant was sentenced to a fine on May 13, 2014 due to drinking driving, the defendant committed the crime of this case in another time since six months have not yet passed since it was sentenced to a fine, and the defendant's blood alcohol concentration at the time of detection was not lower than 0.108%, etc. It is an unfavorable sentencing factor. The court below seems to have determined the punishment by fully considering the circumstances favorable to the defendant. The court below did not change the circumstances favorable to the defendant. When considering the fact that there was no change in the circumstances that could have different from the judgment of the court below, and other various sentencing materials in pleadings, such as the background of the crime of this case, circumstances after the crime, defendant's age, character and behavior, environment, etc., it is not recognized that the sentence of the court below

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

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