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(영문) 전주지방법원 2020.10.27 2020노1001
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 (one year and two months of imprisonment, two years of suspended sentence, probation, 120 hours of community service order, 40 hours of order to attend a compliance driving lecture, and 40 hours of order to attend a compliance driving lecture) is too unhu

2. The judgment of the court below is a very dangerous crime that may cause unexpected behaviors to the life and home of others as well as the possibility of traffic accidents. The defendant is sentenced to a fine of three million won for the violation of the Road Traffic Act at the Jeonju District Court on October 18, 2006, a fine of three million won for the violation of the Road Traffic Act at the Jeonju District Court on August 8, 2007, a fine of 0.17 percent for a violation of the Road Traffic Act (or a violation of a license) and a violation of the Road Traffic Act (or a violation of a license without a license). On April 17, 2008, the court issued a summary order of three million won for a fine for a violation of the Road Traffic Act (or a violation of the Road Traffic Act) and a violation of the Road Traffic Act (or a violation of a license without a license).

However, the circumstances are favorable to the defendant, such as the fact that the defendant is divided and reflected in his criminal act, the distance of the defendant's operation of a motor vehicle to the state of driving is about 3 km, and that the defendant has no record of criminal punishment after 2009.

In addition, in full view of the defendant's age, character and conduct, environment and other sentencing conditions, the sentence of the court below cannot be deemed to be too uneasible and unfair.

3. In conclusion, the prosecutor'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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