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(영문) 광주지방법원 2020.12.24 2020노650
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 million won of fine) is too unhued and unreasonable.

2. Determination is a very high level of blood alcohol level of the instant drunk driving, the Defendant has been punished several times due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Defendant has a record of having been punished once due to the violation of the Road Traffic Act.

On the other hand, the fact that the defendant is recognized as committing the crime of this case and is against the law, and that there is no record of punishment for the crime of drunk driving.

In addition, considering the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing as indicated in the instant pleadings, such as the circumstances after the crime was committed, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the prosecutor’s above assertion is without merit.

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

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