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(영문) 광주지방법원 2019.01.17 2018노2751
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding driving lecture) is too unreasonable.

2. The fact that the judgment is against the defendant, and that the defendant would not drive under the influence of alcohol again is favorable to the defendant.

On the other hand, the following is disadvantageous.

The Defendant driven three times during a month or while drinking.

At the time of driving under the influence of alcohol in this case, the traffic accident occurred.

At the time of the instant case, the Defendant’s blood alcohol concentration was also 0.148%.

In addition, in full view of the circumstances of the instant crime, the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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