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(영문) 광주지방법원 2014.11.27 2014노2449
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The facts that the Defendant appears to have recognized and reflect the instant crime are favorable; however, the Defendant has already been sentenced to a fine of six times due to drunk driving or unlicensed driving, one suspended sentence, and one-time imprisonment with labor for a violation of the Road Traffic Act (unlicensed Driving) on January 16, 2014 at the Gwangju District Court, which was sentenced to four months by imprisonment with prison labor for a violation of the Road Traffic Act (Unlicensed Driving) on January 16, 2014; on May 17, 2014, the Defendant committed the instant crime even if he had been in the period of repeated offense on May 17, 2014; the blood alcohol concentration at the time of the instant driving reaches 0.186%; the Defendant’s age, character, environment, the background and consequence of the instant crime; and all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc. are deemed to be unreasonable. Therefore, the above 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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