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(영문) 의정부지방법원 2020.05.08 2020노398

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant reflects the mistake while recognizing the crime of this case, and there is a family member to support the crime of this case.

However, considering the fact that the social harm of drinking driving is serious and the statutory punishment is increased at the request of the people demanding the strengthening of punishment, it is necessary to punish the crime of drinking driving strictly.

At the time of committing the instant crime, the Defendant’s blood alcohol concentration was very high to 0.197%, the occurrence of physical damage due to driving under alcohol, and the Defendant’s records of punishment several times due to driving under alcohol are disadvantageous circumstances.

In full view of the above circumstances, Defendant’s age, character and conduct, environment, circumstances after the commission of crime, and circumstances after the commission of crime, etc., as well as all the sentencing conditions as shown in the records and arguments of this case, and the fact that there is no change in the sentencing conditions compared with the original judgment, and there is no change in the conditions of sentencing compared with the original judgment, it cannot be deemed unfair

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Provided, That pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the third and fourth deeds of the judgment of the court below shall be conducted.

1. Written estimate,

1. Ex officio correction of any content of an investigation report (a confirmation by the managing body of this case, etc.);

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