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(영문) 광주지방법원 2016.04.12 2015노3322
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The Defendant has been subject to three times of punishment due to driving without a license for drinking alcohol, and among them, he/she has been punished for two years of suspended sentence on June 7, 2013.

Nevertheless, the defendant committed the crime of this case, even though the probation period has expired, and there is a few months.

In addition, the alcohol content of the defendant's blood was very high by 0.171% at the time of the crime.

Although there was no additional accident, the driving distance at the time of crime is considerably 12 km.

In full view of these points, the crime of this case is likely to lead to serious harm to human life, and the degree of responsibility of the defendant's act and the risk of recidivism is very high.

Therefore, even when considering the inevitable circumstances in which the Defendant was sentenced to a sentence, the sentence of imprisonment with labor for a limited period of six months cannot be deemed unfair due to excessive reduction of the amount of imprisonment with labor for one year, which is the maximum sentence under the Road Traffic Act.

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.

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