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(영문) 광주지방법원 2013.11.13 2013노2071
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below was made on June 21, 201, and the defendant was found to have committed a crime and did not cause any traffic accident. However, the defendant was sentenced to a suspended sentence of six months for the crime of violating the Road Traffic Act at the Gwangju District Court on June 21, 201, which became final and conclusive on September 8, 201, and even during the suspended sentence period, he committed the crime of this case. In addition, the defendant had the records of being sentenced to a suspended sentence of one time for the same crime, five times for a fine, one time for the suspended sentence, five times for the same crime, the blood alcohol concentration of the defendant was higher than 0.174% at the time of detection, and the driving distance was not shorter than 1.2 km, and the statutory punishment for the crime of violating the Road Traffic Act (driving) is set at the level of imprisonment with prison labor for not less than one year but not more than three years. Considering the circumstances favorable to the defendant, the court below’s decision is unreasonable.

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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