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(영문) 광주지방법원 2016.12.15 2016노3482
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment that the defendant reflects the crime is the circumstances favorable to the defendant.

On the other hand, the following is disadvantageous.

On May 25, 2016, the Defendant re-driving at around 23:40 on the same day without any distance, even though he was under influence while driving a drunk at around 7:0.

At the time of driving under the influence of alcohol, the blood alcohol concentration of the defendant was higher than 0.20% and 0.112% respectively, and the defendant driving a motor vehicle which is not covered by mandatory insurance, and if the accident occurs, the risk of serious consequences would occur.

Prior to the instant case, the Defendant has been subject to criminal punishment four times due to drunk driving.

It is necessary to punish the defendant strictly in light of the behavior of drinking driving and the attitude of lack of compliance consciousness.

In addition, in full view of the circumstances of the instant crime, the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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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