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(영문) 의정부지방법원 2021.01.28 2020노2838
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The defendant shows his attitude to reflect in depth the error.

It seems that efforts are made to prevent recidivism, such as disposing of vehicles used in this case, receiving a mental therapy related to drinking driving, completing education programs for eradicating drinking driving, etc.

On the other hand, the defendant has already been punished for the suspension of the execution of imprisonment or imprisonment two times due to the crime of drinking driving.

In the case of the two suspended sentence, it was the first place of suspended execution, even though the accident was committed and the escape was committed while driving in the high level of reading (0.159% each and 0.134%).

Nevertheless, in this case, the defendant was driving at a high level (0.118%) and the distance of driving is also driving.

The social demand is high to punish a person who repeatedly drives drinking.

Pronouncement of sentence is inevitable.

In addition, even if the defendant's age, living environment, motive and background of the crime, circumstances after the crime, and the record of the crime, etc. are considered, the sentence of the court below that sentenced the statutory minimum punishment by reducing the amount of punishment is too unreasonable.

The defendant's argument of sentencing is difficult to accept.

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

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