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(영문) 광주지방법원 2020.10.06 2020노1333
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 the crime of drunk driving is continuously aggravated due to favorable circumstances, serious social harm caused by drunk driving, and changes in the legal sentiment of the general public, etc., such as the fact that the defendant acknowledged the crime of this case as the defendant committed the crime of this case, the defendant was driving a drunk driving from 2010 to 2020, and the driving distance is relatively short, and there are some circumstances that may be taken into account the circumstances of drunk driving, etc., it is necessary to strictly punish the crime of this case, and the defendant committed the crime of this case 4 times criminal records including the suspended sentence of imprisonment, and the crime of this case was committed since the end of the suspended sentence (i.e., the defendant was driving a drunk driving for five times from 2010 to 2020; ii). The blood alcohol concentration (0.142%) of this case has considerably high level of alcohol alcohol level.

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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