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(영문) 광주지방법원 2016.05.25 2015노2983
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unreasonable.

2. The defendant recognized his mistake and reflected his mistake.

The distance of the defendant's driving of drinking is not driving.

This is the circumstances favorable to the defendant.

On the other hand, the defendant's blood alcohol concentration is relatively high to 0.171%, and the danger of drinking operation was realized by causing traffic accidents due to the driving of the instant drinking.

Defendant has a record of being punished by a fine due to the same kind of crime of drinking driving.

In addition, when comprehensively taking into account the circumstances of the instant crime, the circumstances after 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. 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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