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(영문) 광주지방법원 2020.10.14 2020노1353
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Defendant shows his attitude to recognize and reflect his criminal act.

The blood alcohol concentration (0.07%) was not high at the time of the Defendant's drunk driving.

There is no criminal history exceeding the suspended sentence against the accused.

On the other hand, the defendant, while driving under the influence of alcohol, caused the accident of receiving a vehicle from the center line.

In 2018, the Defendant was punished by a fine for drunk driving in 2018, and in 2019, 4 months have not passed since the judgment of the suspension of execution became final and conclusive. Thus, the Defendant committed the instant crime.

In addition, even in 2016, the defendant has been punished twice by a fine by causing a traffic accident.

As such, the Defendant caused a lot of traffic accidents during the past five years, and did not know about being punished for drinking driving, and again caused a traffic accident while driving under drinking again.

Comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

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

3. As such, 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.

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