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(영문) 제주지방법원 2020.08.27 2020노12

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

The Defendant appealed on the ground that the lower court’s punishment (fine 12 million won) is too unreasonable. However, each of the instant crimes is deemed to be unfair by taking into account the following factors: (a) each of the instant crimes was committed by the Defendant while driving a motor vehicle without obtaining a driver’s license; (b) the nature of the relevant crime is not good; (c) the blood alcohol level measured by the Defendant at the time of the instant case is very high to 0.216%; (d) the Defendant was punished for drinking driving three times prior to the instant case; and (e) the Defendant committed each of the instant crimes without being aware of the fact that the Defendant was committed during the period of repeated offense, even if considering the Defendant’s health and economic condition, etc., it is not recognized that the Defendant’s punishment imposed by the lower court on the grounds of its stated reasoning is too unreasonable.

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.