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(영문) 광주지방법원 2014.09.12 2014노1903
도로교통법위반(음주운전)등
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 recognized his mistake, the injury of the victims is relatively minor, and the damage is repaid to the victims of the traffic accident and agreed to it is favorable.

However, considering the fact that there was a record of being punished twice due to the same drinking driving, blood alcohol concentration is relatively higher than 0.101%, and the fact that the license for the driving of the instant drinking driving was revoked due to the revocation of the license for the driving of the instant drinking, and that the quality of the instant crime is not very good due to traffic accidents and escape, and six months of imprisonment imposed by the lower court is the lower limit of the applicable penalty under the law that has been mitigated, as a whole, the background of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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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