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(영문) 광주지방법원 2016.08.23 2016노86
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds of appeal (the imprisonment of one year suspended, two years of 40 hours of alcohol treatment lectures, 24 hours of compliance lectures, 160 hours of community service orders) is too unreasonable.

2. The Defendant, in the blood alcohol concentration of 0.183%, was driven in the state of drinking, and was sentenced to a fine for drinking twice in 2013 and twice in 2014, the Defendant again committed the instant crime and repeatedly driven alcohol in a short period.

In particular, the Defendant again driven the same vehicle as the vehicle driven at the time of punishment two times due to drinking driving in 2014, and the time of the crime is similar to all the time of the crime, so it is difficult to expect the effect of a fine to prevent recidivism due to a more fine than the Defendant.

In addition, considering the circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, and circumstances after the crime, it is not recognized that the sentence determined by the court below is too unreasonable.

Therefore, the defendant's appeal 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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