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(영문) 광주지방법원 2016.08.30 2016노2099
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 Defendant committed the instant crime even though he/she was sentenced to two times a fine due to his/her previous drinking driving, or one time a suspended sentence of imprisonment, and again committed the instant crime.

In addition, the defendant committed a crime in the de facto condition of 0.126% alcohol concentration in blood and was very dangerous.

In addition, when comprehensively considering various circumstances, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence of sentence against the defendant is inevitable at this time, and the court below does not recognize that the sentence of imprisonment with prison labor for a period of six months, which is the maximum statutory penalty, is too unreasonable through reduction of the amount of punishment.

Therefore, the defendant's assertion 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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