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(영문) 대전지방법원 2020.02.05 2019노3333
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment is a favorable condition to the defendant that the defendant was committed while committing the crime, that the driving distance is not long, and that there are circumstances that can be considered in the circumstances in which the defendant was driven.

At the time of the instant case, the Defendant’s blood alcohol concentration is very high, and the Defendant’s previous department including suspended execution is five times, which is disadvantageous to the Defendant.

In full view of the aforementioned circumstances and other factors, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unreasonable.

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

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