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(영문) 청주지방법원 2020.02.07 2019노1623

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The lower court sentenced the Defendant to a punishment by taking into account the favorable and unfavorable circumstances of the Defendant.

Comprehensively taking into account the various circumstances presented by the lower court, including the fact that blood alcohol concentration is high, and the recidivism during the period of repeated crime due to the same crime, and all the conditions of sentencing, such as the motive, circumstance, means, conditions after the crime, Defendant’s age, character and conduct, environment, and family relationship, the lower court’s sentencing, which already sentenced to a lower sentence than that of statutory punishment (one year) by discretionary mitigation, shall not be deemed to be excessively heavy beyond the reasonable limit of its discretion.

3. 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.