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(영문) 광주지방법원 2016.09.22 2016노1920
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (nine months of imprisonment) is too unreasonable.

2. That the defendant is against the judgment, and he/she does not drive drinking or drive without a license again;

It is favorable to the defendant.

On the other hand, the following is disadvantageous.

The defendant has been punished by a fine and a suspended sentence of imprisonment with prison labor due to drinking driving and driving without a license.

Furthermore, the Defendant was sentenced to the suspended sentence and did not know even during the suspended sentence, and again committed each of the instant crimes. On February 19, 2016, the Defendant committed the instant crime on April 3, 2016, even if he was under investigation by himself and was under investigation by the police.

It is necessary to make a strict punishment in light of the attitude and drinking without compliance consciousness of the defendant, and the behavior of unauthorized driving.

At the time of the instant case, the alcohol level of the Defendant’s blood was 0.067% and 0.171% higher.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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