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(영문) 광주지방법원 2015.12.22 2015노2703
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In full view of the following factors: (a) the Defendant had the record of criminal punishment several times due to drinking alcohol driving, unlicensed driving, and refusal of measurement of drinking alcohol; (b) six months of imprisonment due to drinking alcohol driving in 201; (c) two years of suspended sentence; (d) community service; and (e) driving without a license despite being sentenced to an order to attend a lecture in 201; (c) factors of disadvantageous sentencing, such as driving without a license; and (d) factors of favorable sentencing, such as the Defendant’s vehicle driving at 20km in the state of blood alcohol concentration of 0.354%; and (e) factors of favorable sentencing, such as the Defendant’s age, character and conduct, environment, and conditions of sentencing specified in the instant records and pleadings, the lower court’s sentence against the Defendant is too 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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