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(영문) 광주지방법원 2017.01.10 2016노3517
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the court below's punishment (1.5 million won in penalty) is too unreasonable.

Judgment

While the alcohol level of the defendant's blood is not lower than 0.072% and the abnormal operation was caused by the influence of alcohol, eventually, there was an accident that leads to a shock of the transfer of India, and there is no history of punishment for driving under drinking, but there is a history of punishment for traffic crime such as driving without a license.

In addition, comprehensively taking into account all the factors of sentencing as shown in the pleadings of this case, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.

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