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(영문) 광주지방법원 2016.07.20 2016노1590
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The circumstances are favorable, such as the fact that the Defendant recognized his mistake and reflected, the crime of this case did not lead to traffic accidents, and the fact that the family members to be supported by the Defendant seem to be in an economically difficult state.

On the other hand, the defendant has been subject to punishment several times including suspended sentence due to drinking, non-license, refusal of measurement of drinking, etc., and the fact that the alcohol concentration in the blood of this case is very high, and that the distance (5 km) of the defendant's driving is not short.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following 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. As such, the Defendant’s allegation is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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