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(영문) 광주지방법원 2014.09.04 2014노1724
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below seems to have recognized and reflected the crime of this case, and the defendant's blood alcohol content is only 0.052% at the time of the first drunk driving, etc., but there are more favorable circumstances, or the defendant's records of punishment for drunk driving are 4 times (two times a fine, one suspended sentence, one time a suspended sentence), or one time a sentence already imposed by the defendant. The defendant does not reflect the fact that the defendant's crime is not good, such as causing a traffic accident while drinking alcohol and drinking alcohol again after a few times, and refusing to take a drinking test, even though it did not occur, since there was a high potential risk of causing a traffic accident, it is necessary that the drinking driving will be sufficiently different for a crime that may cause serious criticism to the life and body of others, and the defendant's age, character and conduct, environment, circumstances of the crime of this case, and the result after the crime of this case, and all of the sentencing conditions of this case are found to be unfair. Thus, the above argument of the court below 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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