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(영문) 광주고등법원 2012.12.27 2012노481
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. In full view of the fact that the Defendant could have been punished for drunk driving, etc., as well as the fact that the Defendant again committed the instant crime during the period of repeated crime resulting from the same crime, and that the blood alcohol concentration is very high to 0.176%, it is necessary to punish the Defendant strictly.

However, even if the defendant's age, character and conduct, environment, and criminal records are taken into account, the maximum sentence of imprisonment with prison labor, which is sentenced to discretionary mitigation, is six months of imprisonment with prison labor, which is sentenced by the court below, and the court below's sentence is too unreasonable.

subsection (b) of this section.

Therefore, the defendant's above 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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