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(영문) 광주지방법원 2020.09.24 2020노1722
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year and six months of imprisonment) is too unreasonable;

2. The following are the circumstances favorable to the Defendant: (a) the Defendant’s recognition of and reflects the instant crime; (b) the violation of the Road Traffic Act, which became final and conclusive on December 6, 2019; (c) the violation of the Road Traffic Act; and (d) the violation of the Guarantee of Automobile Accident Compensation Act; and (e) the equity with the case where the said judgment is to be rendered simultaneously

On the other hand, the blood alcohol level of the instant drinking driving is very high 0.303%, and the Defendant was punished for drinking driving in 201, for drinking without a license, and for violating the Guarantee of Automobile Accident Compensation Act in 2017, respectively. Furthermore, the Defendant was tried on August 31, 2019 to commit the crime of violating the Guarantee of Automobile Accident Compensation Act, but without being aware of, and even though he was tried on August 31, 2019, the Defendant committed the same crime as the instant drinking driving, driving without a license, and driving without a license, and the act of violating the Guarantee of Automobile Accident Compensation Act three times or more (the instant crime was established on December 6, 2019).

In addition, considering the defendant's age, character, conduct and environment, motive, means and consequence of the crime, the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable. Thus, the above argument of the defendant is without merit.

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

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