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(영문) 광주지방법원 2020.11.17 2020노1802
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the Defendant recognized drinking driving of the instant case is an element of sentencing favorable to the Defendant.

On the other hand, the fact that the blood alcohol concentration (0.170%) at the time of the pertinent drunk driving is considerably high, the defendant had four times of drunk driving (2003, 2004, 2013, and 2015) and there are four times of driving, and the defendant has four times of driving criminal records (excluding the criminal records subject to punishment with the above drunk driving), and the fact that the pertinent drunk driving was conducted during the period of suspension of the execution of imprisonment with labor for this type of crime, which is disadvantageous to the defendant.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, considering the Defendant’s age, character and conduct, criminal records, motive and circumstances leading to the drinking driving of the instant case, and all of the sentencing conditions indicated in the instant pleadings, such as circumstances after the commission of the crime, the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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