beta
(영문) 전주지방법원 2020.06.17 2020노491

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the lower court (two years of imprisonment) for an appeal is too unreasonable.

2. The lower court determined the sentence by fully taking account of all circumstances that the Defendant already asserted as the grounds for appeal, including the circumstances alleged as the grounds for appeal.

The defendant was punished for four times due to drinking or refusing to take a alcohol test, and the defendant was found to have been found to have violated speed or signal 29 times.

The defendant committed the crime of this case during the period of suspension of execution due to the violation of the Road Traffic Act (Refusal of measurement), and the blood alcohol concentration level is not lowered.

In addition, even if the court below's punishment is too heavy, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, it does not seem that the court below's punishment is too heavy.

Therefore, the defendant's assertion is not accepted.

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.