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(영문) 전주지방법원 2020.10.27 2020노1021
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended sentence, one hundred and twenty hours of community service order, and forty hours of compliance driving instruction) is too unreasonable.

2. It is recognized that the judgment of the defendant is in depth divided and reflects the crime of this case, the defendant's operating distance of a motor vehicle is about 20 meters, and there is no record of criminal punishment after 2009.

However, drinking driving is a very dangerous crime that may cause unexpected behaviors to another person's life and family as well as the possibility of traffic accident. The defendant's drinking driving is discovered by 112 report and without such report, the defendant seems to have driven a remote distance. In the absence of such a report, the defendant is sentenced to six months of imprisonment, suspended sentence one year, and two million won of fine as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Jeonju District Court on August 25, 1998; the court on March 18, 2002; the above court on April 8, 2002; the sentencing of the court below is no more than seven million won of fine as a violation of the Road Traffic Act; the defendant's new punishment for the violation of the Road Traffic Act's traffic law's violation; the defendant's new punishment for the violation of the Road Traffic Act's violation; and the defendant's new punishment for the violation of the Act's violation of the Road Traffic Act's law and regulations, including a fine not exceeding 5 million won.

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

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