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(영문) 전주지방법원 2020.05.14 2019노1667

도로교통법위반(음주운전)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the punishment (a fine of 11 million won) declared by the court below is too heavy or (the defendant) and it is too unfilled.

2. In full view of the following circumstances: (a) the Defendant and the prosecutor’s assertion of unreasonable sentencing together with the assertion of unfair sentencing; (b) drinking driving is a serious criminal threatening the life, body, and property of the other party as well as his family members; (c) the commission of the instant crime under the high blood alcohol concentration; (d) the commission of the instant crime; and (e) the Defendant’s confessions and reflects the instant crime; and (e) the fact that the Defendant is economically difficult; and (e) there are no special circumstances or changes that may newly be considered in sentencing after the sentence of the lower judgment; and (e) there is no changes in the circumstances favorable to the Defendant, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime; and (e) other various circumstances that form the conditions for sentencing as shown in the argument and the record of the instant case, it cannot be deemed unfair because the lower court’s sentence against the Defendant is too excessive or too excessive

3. Conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.