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(영문) 전주지방법원 2020.08.13 2020노528
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. The judgment under the influence of alcohol is a very dangerous crime that may cause unexpected behaviors to the life and family of others as well as the occurrence of traffic accidents. It is necessary to strictly punish the defendant. On February 17, 2014, the defendant was issued a summary order of KRW 3.5 million due to the crime of violation of the Road Traffic Act of the criminal fact that he/she driven a motor vehicle in the state of drinking alcohol concentration of 0.104% at the Jeonju District Court military support on February 17, 2014, and on June 1, 2017, he/she was released from the Busan District Court on parole on September 29, 2017 and was released from the Busan District Court on parole on September 29, 2017, without being aware of the fact that he/she committed the instant crime during the period of repeated crime by completing the sentence.

However, in full view of the following facts: (a) the Defendant divided his/her criminal act; (b) the Defendant’s running distance of his/her motor vehicle to his/her driving condition is about 500 meters; (c) the Defendant has no record of punishment for drinking except for a punishment once in 2014; (d) the Defendant neglected his/her parents; and (e) other Defendant’s age, character, conduct, environment and other conditions of sentencing, the lower court’s punishment cannot be deemed unreasonable because it is too uneasible.

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

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, "the criminal records of the judgment of the court below" are issued ex officio, pursuant to Article 25(1) of the Rules on Criminal Procedure, a summary order of a fine of KRW 3.5 million for a crime of drinking under the Road Traffic Act was issued at the Jeonju District Court's Gunsan Branch on February 17, 2014, and on June 1, 2017, the Busan District Court sentenced one year and six months to imprisonment for a crime of fraud at the Busan District Court's Busan District Court's Busan District Court's Busan District Court's detention center on September 29, 20

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