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(영문) 광주지방법원 2016.09.29 2016노2096
도로교통법위반(음주운전)
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 fact that the Defendant’s judgment reflects his mistake, scrapped the vehicle to not repeat the crime, and the blood alcohol concentration is relatively high is favorable to the Defendant.

On the other hand, the following is disadvantageous.

The defendant has been punished three times due to drinking driving, including a suspended sentence.

In particular, there has been a history of causing a traffic accident during drinking driving, and even during the suspension period, the crime of this case has been committed.

The Defendant, while driving under the influence of alcohol, was under the influence of alcohol and was under the influence of the opposite road A beyond the center line.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the records and arguments, even if considering the circumstances favorable to the Defendant, 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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