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(영문) 광주지방법원 2015.12.02 2015노2359
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The court below's decision that recognized the defendant's mistake and reflects the fact that the defendant's judgment should take into account the equality with the case where the judgment is rendered simultaneously with the previous conviction stated in the judgment of the court below [criminal records] which is a concurrent crime under the latter part of Article 37 of the Criminal Act. However, considering the above circumstances favorable to the defendant, the court below seems to have sentenced a sentence lower than the statutory punishment by reducing under Article 39 (1) of the Criminal Act in consideration of the above circumstances. In 2005, the defendant was sentenced to a two-year suspended sentence due to driving without a license for drinking alcohol in 2005 and was punished for a same kind of driver's license without a license for drinking alcohol in 2014, as in the above previous conviction in 2014, even though the court had been proceeding for a crime of violation of the Road Traffic Act, such as the above previous conviction level of alcohol level of 0.240%, and thus, the defendant's argument that the above defendant's punishment was not recognized is too unfair after the defendant's argument.

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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