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(영문) 광주지방법원 2016.06.28 2016노1155
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 (eight months of imprisonment) is too unreasonable.

2. As the lower court properly explained, the Defendant driven under almost 0.132% of alcohol content in blood, and was punished four times due to drinking, and was sentenced to imprisonment with labor for the last six months on March 29, 2012.

In addition, since the defendant committed a crime of drinking again during the period of repeated crime for the same crime, it is inevitable to sentence the defendant as a sentence.

If the court below took into account the following circumstances in light of the Defendant’s age, motive, means, and consequence of the crime, and the circumstances after the crime, etc., it does not determine that the sentence of eight months imprisonment with prison labor, which was sentenced to a minimum of statutory penalty, is too unfair because the sentence of eight months is too unreasonable through the reduction of amount in one year of imprisonment with prison labor.

Therefore, 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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