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(영문) 광주지방법원 2016.11.16 2016노3499
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The fact that the Defendant’s mistake was properly recognized and reflected, and that the instant crime did not lead to a traffic accident is more favorable.

On the other hand, the court below seems to have determined punishment in consideration of the favorable circumstances as above; the defendant's blood alcohol concentration (0.182%) was not lowered at the time of the crime of this case; the defendant had been punished several times including punishment due to driving without a drinking license; in particular, the defendant was sentenced on July 3, 2013 to imprisonment with prison labor for a year and six months due to driving without a drinking license on December 7, 2014, and the execution of the sentence was completed on December 7, 2014, and committed the crime of this case without any repeated crime; the defendant committed the crime of this case, even if he was under repeated crime, and the defendant stated that he will not injure the reported person after he was under investigation by the prosecution after he was controlled by a drinking driving.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Defendant’s assertion is not reasonable on the grounds that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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