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(영문) 전주지방법원 2018.04.26 2018노351
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The judgment that the Defendant recognized the instant crime and reflects the mistake, and that the Defendant would dispose of the instant vehicle after the instant crime and would not repeat the said mistake again.

It is hard to say that it is favorable to the defendant.

On the other hand, the crime of this case is a case in which the defendant, who has been punished two times or more due to drinking driving, once or more, once again drives alcohol, and the quality of the crime of this case is not weak, and the defendant has committed the crime of this case without being aware of the fact that he had already been subject to criminal punishment several times due to the same crime, and at the time of detection, the defendant's blood alcohol concentration level was relatively high by 0.138% at the time of detection, and the driving of drinking is a crime that may cause serious danger to the life and property of others, and thus, it is disadvantageous to the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the various sentencing conditions shown in the instant records and arguments, the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

It does not seem that it does not appear.

Therefore, the defendant's argument of sentencing is not accepted.

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

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