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(영문) 광주지방법원 2020.09.09 2020노1448
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Defendant’s previous record of punishment for drunk driving had a considerable interval of time from the instant crime in 2012.

The defendant shows his attitude to recognize and reflect his crime.

On the other hand, the punishment power of the defendant's drunk driving reaches three times.

At the time of the instant crime, the Defendant was in a state where one year has not passed since the completion of the sentence due to the instant crime, and was under trial due to another type of crime.

Comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

(However, since it is apparent that the lower court’s application of the statute was omitted “1. Aggravation of repeated offense” and “Article 35 of the Criminal Act” at the bottom of “application of the statute,” it shall be corrected to add it pursuant to Article 25(1) of the Regulation on Criminal

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