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(영문) 광주지방법원 2015.09.22 2015노1673
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 elements of unfavorable sentencing, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., which are favorable factors of sentencing, such as the Defendant’s age, character, and environment, motive, means and consequence of the crime, etc., and the circumstances after the crime, etc., which are the conditions of sentencing as shown in the instant records and arguments, it cannot be deemed unfair since the lower court’s sentence against the Defendant is too excessive, in light of the following factors: (a) the Defendant was under suspension of execution due to drinking driving and driving without a license; (b) five times due to drinking driving or refusal to take a alcohol test; and (c) the distance of driving is not shorter than 13K.

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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