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(영문) 광주지방법원 2015.04.30 2014노2507
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (eight months of imprisonment) is too unreasonable.

2. The fact that the defendant's mistake is divided and reflected in his/her judgment is favorable sentencing factors, and the defendant has been convicted of a single suspended sentence and a four-time fine due to drinking and unlicensed driving. In particular, on May 31, 2013, he/she was sentenced to 10 months of suspended sentence on the grounds of drinking and unlicensed driving on May 31, 2013 and committed the instant crime even if he/she was currently under suspended sentence, and the Defendant's blood alcohol concentration level is not lower than 0.128%, etc., which are disadvantageous sentencing factors.

In addition, considering the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, and environment, as a whole, the lower court’s punishment is too unreasonable and inappropriate. Therefore, the Defendant’s assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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