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(영문) 광주지방법원 2020.08.11 2020노1034
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 a drunk driving crime has been continuously aggravated due to favorable circumstances, serious social harm caused by a drunk driving, and changes in the legal sentiment of the general public, etc., the fact that the Defendant’s judgment recognized the instant crime is disadvantageous to the following: (a) there is a need to strictly punish the crime of drunk driving; (b) the Defendant has a criminal conviction of six times; and (c) the blood alcohol concentration (0.103%) of the instant case is relatively high.

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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