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(영문) 전주지방법원 2020.04.23 2019노1669
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (the imprisonment for one year and six months, the suspension of execution for three years, the community service order of 120 hours, and the order to attend a law-abiding class of 40 hours) is too uneased and unreasonable.

2. The judgment of the driving under the influence of alcohol again commits the instant crime even though it had been sentenced to a summary order of 1.5 million won by the Jeonju District Court on September 8, 2008 and June 19, 2018 due to the crime of violation of the Road Traffic Act, etc. on two occasions, the Defendant committed the instant crime, and the Defendant’s blood alcohol concentration was considerably high to 0.150% at the time of the instant crime, which is disadvantageous to the Defendant.

However, in full view of the following facts: (a) the Defendant’s criminal act in this case is divided and reflected; (b) the risk of drunk driving is realized; and (c) the risk of traffic accident does not lead to traffic accidents; (d) the Defendant has no record of crime exceeding the fine; and (e) the Defendant’s age, character, conduct, environment and other sentencing conditions, the sentence of the lower court cannot be deemed to

3. In conclusion, the prosecutor'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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