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(영문) 광주지방법원 2020.08.18 2019노3075

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7,00,00) of the lower court is too unreasonable.

2. In light of the fact that the Defendant recognized the instant crime, the blood alcohol concentration (0.053%) of the instant case was not high, the Defendant did not have any criminal record exceeding the fine, etc., the statutory punishment for the drunk driving crime has been continuously aggravated due to the favorable circumstances, serious social harm caused by the drunk driving, and changes in the legal sentiment of the general public, etc., the need for strict punishment for the crime of drunk driving, and the Defendant’s criminal record of the fine for the drunk driving was three times disadvantageous.

There is no special relationship or change of circumstances that can be newly considered by this court, and in full view of the defendant's age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too unreasonable.

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 on the ground that it is without merit. It is so decided as per Disposition.