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(영문) 광주지방법원 2020.01.09 2019노2594

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The fact that the judgment defendant reflects his mistake and has no record of punishment exceeding the fine for the same kind of crime is favorable to the defendant.

On the other hand, the Defendant had three criminal records of drunk driving and had three criminal records of his refusal of drinking alcohol measurement, and the blood alcohol concentration at the time of committing the instant crime was very high to 0.363%, and the Defendant continued to commit the instant crime even though he had not obtained a driver’s license. In light of the above, the Defendant continued to drive a motor vehicle at the time of the instant case while driving the motor vehicle and driving the motor vehicle onto the side, and the Defendant seems to have been highly likely to cause other accidents.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the lower court’s punishment is too unreasonable and unreasonable. Therefore, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.