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(영문) 제주지방법원 2021.01.21 2020노255
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

Although the Defendant appealed on the ground that the Defendant was sentenced to punishment of the lower court (one year of imprisonment) too unreasonable, in light of all the sentencing conditions indicated in the record and the changed theory, including the following: (a) the Defendant re-offending despite the fact that the Defendant had been punished three times for the same crime; (b) the alcohol level in blood measured by the Defendant at the time of the instant case is considerably high to 0.202%; and (c) the distance of the Defendant driving a drinking vehicle is considerably high to approximately 15 km; and (b) even considering the Defendant’s health condition and family relationship, it is not recognized that the sentence imposed by the lower court on the Defendant for the reasons stated in its reasoning is too excessive and unfair.

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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