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(영문) 광주지방법원 2015.12.24 2015노2791
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

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

Judgment

The fact that the defendant is recognized to commit a crime, the fact that the defendant is standing and lives together, etc. are favorable factors for sentencing.

However, considering the following factors: (a) the Defendant had a number of criminal records of the same kind, including two times of punishment; (b) the blood alcohol concentration of the Defendant at the time of detection is high to 0.296%; and (c) the Defendant caused a traffic accident during drunk driving, etc.; (b) the lower court appears to have determined punishment by fully taking into account the circumstances favorable to the Defendant; and (c) there is no change in circumstances that may vary between the lower court and the sentence; and (d) other factors of sentencing as indicated in pleadings, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, character, conduct, and environment, the lower court’s punishment is too unreasonable. Therefore

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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