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(영문) 창원지방법원 2020.06.11 2019노2337
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 40 hours of an order to attend a compliance driving lecture) that the court below sentenced is too unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant recognized his mistake and reflected, and that there was no record of punishment exceeding the fine, etc.

However, comprehensively taking account of the fact that the Defendant had been punished twice due to drinking driving, the driving distance is relatively long, and the Defendant’s age, character and behavior, environment, circumstances of the offense, blood alcohol concentration, and various conditions of sentencing as shown in the pleadings, such as the degree of blood alcohol concentration, etc., the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by taking into account all the conditions of sentencing as shown in the present pleadings, and there are no special changes in circumstances that could change the sentencing of the lower court, so it cannot be said that the sentence of the lower court is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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