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(영문) 서울북부지방법원 2020.06.05 2020노29
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 15,00,000) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The legislators amended the Road Traffic Act on December 24, 2018 by taking into account the social damage caused by drunk driving, the gravity of the relevant offense, etc., and Article 148-2(1) of the Road Traffic Act, which applies to the Defendant, provides that a person who has violated the prohibition provisions under the influence of alcohol at least twice, shall be punished by imprisonment with prison labor for not less than two years but not more than five years, or by a fine not less than ten million won but not more than twenty million won.

In full view of the following circumstances: (a) the Defendant recognized his responsibility for the instant crime; (b) the occurrence of an accident while drunk driving did not occur; and (c) the distance of driving was relatively short; (d) the Defendant had a high blood alcohol level at the time of the instant crime; (b) the Defendant had the record of having received one-time summary order due to a violation of the Road Traffic Act (driving) around 2008; and (c) other circumstances, such as the Defendant’s age, character and behavior, environment, background of the instant crime; (d) driving distance; and (e) circumstances after the instant crime, etc., on which the sentence imposed by the lower court was attached, cannot be deemed unfair beyond the reasonable scope

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

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