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(영문) 광주지방법원 2020.08.11 2020노1156
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Considering that the statutory punishment for the crime of drunk driving is continuously aggravated due to favorable circumstances, serious social harm caused continuously by drunk driving, and changes in the legal sentiment of the general public, etc., the fact that the crime of drunk driving is strictly punished, including the suspension of the execution of imprisonment with prison labor, three previous offenses involving the suspension of drunk driving and the refusal of measurement of drunk driving, and that the blood alcohol concentration (0.243%) of this case is considerably high is disadvantageous.

There is no special relationship or change of circumstances that can be newly considered in this court, and comprehensively taking account of the Defendant’s age, character and conduct, family relationship, circumstances after the commission of the crime, and various sentencing conditions as shown in the records and arguments, such as the circumstances after the commission of the crime. The sentence of the lower court falls under the lower limit of the statutory penalty applying discretionary mitigation, and thus, the sentence of the lower court 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.

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