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(영문) 광주지방법원 2016.11.24 2016노3354
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant is against the crime of this case and is expected not to repeat the crime, the fact that the defendant was not punished for drinking for the last six years, and that the defendant's health condition is not good is favorable to the defendant.

On the other hand, the following is disadvantageous.

The Defendant was punished twice due to drinking driving, including a suspended sentence of imprisonment.

At the time of committing the instant crime, the blood alcohol concentration is very high to 0.183%.

The defendant has caused a traffic accident while driving under influence.

In addition, in full view of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., even if considering the circumstances favorable to Defendant, it is not recognized that the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, 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 since it is without merit. It is so decided as per Disposition.

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