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(영문) 광주지방법원 2016.11.02 2016노3236
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The fact that the defendant's mistake is properly recognized and reflects his fault, and that the distance (300m) of the defendant's driving (300m) is not obvious is favorable.

On the other hand, the Defendant committed the instant crime without being sentenced to suspended sentence due to driving without a license for drinking alcohol in 201 and 2014. In particular, the Defendant committed the instant crime without being sentenced to suspended sentence due to driving without a license for drinking alcohol in 2011 and 2014. At the time of the instant case, the Defendant’s blood alcohol concentration (0.11%) was not lower than that of the Defendant at the time of the instant case.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Defendant’s assertion is not reasonable on the grounds that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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