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(영문) 광주지방법원 2014.09.03 2014노1723
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment that the defendant recognized his mistake, the blood alcohol content was not higher than 0.076%, and the driving distance was merely 50 meters, etc. However, there are many favorable circumstances, on the other hand, there are many criminal convictions of the defendant. On August 23, 2012, the crime of this case was committed during the suspension period of execution after being sentenced to 2 years of imprisonment with prison labor on October 23, 2012, and the defendant committed the crime of this case during the suspension period. In addition, 6 months of imprisonment with prison labor sentenced by the court below is the lower sentence, taking into account the circumstances leading to the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, and other various sentencing conditions as shown in the argument of this case, it is not recognized that the sentence of the court below is too unreasonable. Thus, 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 since it is without merit. It is so decided as per Disposition.

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