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(영문) 제주지방법원 2021.01.14 2020노249

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

Although the Defendant appealed on the ground that the Defendant was so severe as to be sentenced to punishment (one year and four months of imprisonment) of the lower court, the Defendant again committed the instant crime of drinking and non-licensed driving even though he/she had been subject to punishment several times due to drinking and non-licensed driving, and in particular, in light of all the sentencing conditions indicated in the records and the theory of changes, including the fact that the Defendant committed the same kind of crime as the instant crime on August 24, 2016, and again committed a second offense, even though he/she had been sentenced to a suspended sentence of imprisonment, etc. on August 24, 2016, taking into account all the sentencing conditions indicated in the instant case including the fact that the Defendant was sentenced to a suspended sentence of imprisonment, the alcohol concentration in blood measured by the Defendant at the time of the instant case is relatively relatively higher than 0.038%, and even if considering the distance of the Defendant’s driving, his/her family relationship or economic condition, it is not recognized that

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.