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(영문) 창원지방법원 2020.12.10 2020노2031
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below is too unreasonable.

2. Determination may take into account the circumstances favorable to the defendant, such as the fact that the defendant seriously reflects the crime of this case, the fact that the victim expressed his intention not to punish him, and the fact that he has a child to support.

However, even though there was a record of punishment for drinking driving six times or more (five times a fine, one time a suspended sentence), the Defendant again committed the instant crime.

At the time of the crime of this case, blood alcohol concentration level is very high, and traffic risks through drinking driving have been realized, and there was an additional danger due to bad driving in the course of escape without any measure.

As above, the lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable or unfavorable circumstances to the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and criminal records, various sentencing conditions shown in the records and arguments of this case, it does not seem that the sentence of the court below against the defendant is too unreasonable.

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

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