beta
(영문) 광주지방법원 2020.08.13 2020노1114

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable;

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and reflects the Defendant; (b) the Defendant was punished in 2010 and 2019 due to drunk driving, etc. and was punished by a fine.

On the other hand, even though the Defendant was found to have been under the influence of alcohol on December 20, 2019, the Defendant avoided the investigation by entering his name in the name of his criminal punishment and subsequently, again on January 9, 2020, which was highly likely to be subject to criticism, and the Defendant forged and exercises his signature in the process of driving under the influence of alcohol, and the fact that the blood alcohol level of each of the instant driving under the influence of alcohol is high is disadvantageous.

In addition, considering the defendant's age, character, conduct and environment, motive, means and consequence of the crime, the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable. Thus, the above argument of the defendant 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.