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(영문) 의정부지방법원 2020.10.30 2020노2016

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Determination is a favorable condition that the Defendant recognized the instant crime and reflects the wrongness, and that there is a family member to support the Defendant.

However, considering that the social harm of drunk driving is serious and the statutory punishment is continuously raised, the crime of drunk driving needs to be strictly punished. At the time of the instant case, the Defendant’s blood alcohol concentration was very high to 0.174%, the Defendant paid an accident that meets the centralized separation salary of the road with a vehicle, and the Defendant repeated the crime even though the Defendant had been punished twice due to a drunk driving.

In full view of such circumstances as well as the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, there is no change in the sentencing conditions compared to the original judgment, and there is no change in the sentencing conditions compared to the original judgment, the lower court’s sentence cannot be deemed unfair because it is too unreasonable for the lower court to have imposed the Defendant.

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

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