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(영문) 광주지방법원 2017.05.24 2016노4035
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the order to attend a lecture 40 hours, the community service work 120 hours) is too unreasonable.

2. In full view of the various sentencing conditions as shown in the records and arguments of the instant case, including the following facts: (a) the Defendant could have been punished for the same crime; (b) the Defendant’s blood alcohol level at the time of the instant crime was higher than 0.118%; and (c) the Defendant’s blood alcohol level at the time of the instant crime was higher than the lower judgment; and (d) there was no particular change in the sentencing conditions compared with the lower court; (b) the lower court’s punishment was unreasonable; and (c)

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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