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(영문) 광주지방법원 2014.06.12 2014노104
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment that the defendant recognized the crime of this case and the blood alcohol concentration at the time of detection

0. The fact that drinking driving is relatively low by 053% is highly likely to cause a traffic accident. However, there are many kinds of circumstances that the Defendant was punished for the same kind of crime. In particular, the Gwangju District Court sentenced two years of suspended sentence to imprisonment for a violation of the Road Traffic Act on May 23, 2012, and sentenced two years of suspended sentence for the same month, and sentenced to the suspension period on May 31, 2012, the Defendant committed the instant crime at approximately 10 days from the date of the sentence, and the discovered place is an expressway. In light of the fact that it is an expressway, there is a risk of leading to a large-scale accident, and the Defendant’s age, character, occupation and environment, the motive and background leading to the instant crime, the method and consequence of the instant crime, and the circumstances before and after the instant crime, and there is no reason for the lower court’s assertion that the Defendant’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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