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(영문) 광주지방법원 2018.10.18 2018노1362
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (eight months of imprisonment, two years of suspended execution, and forty hours of lecture of compliance driving) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the judgment defendant recognized and reflecteds the crime, and that the defendant has no record of punishment exceeding the fine is favorable to the defendant.

On the other hand, the following is disadvantageous.

Prior to the instant case, the Defendant has been punished for a fine on three occasions due to driving under drinking prior to the instant case.

Even if so, the crime of this case was committed under the influence of drinking without a license.

At the time of this case, the alcohol level of the defendant's blood was high 0.167% and caused a traffic accident due to drinking driving.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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