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(영문) 서울남부지방법원 2021.01.14 2020노2253
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant shows both the defendant's attitude to recognize and reflect the crime, and 2 million won was donated to the Infant Care Center in the trial, and the defendant's will appeal against the defendant's prior action is a favorable circumstance.

However, the act of driving alcohol at any time constitutes a crime of spreading the risk of causing human life, and the voice of our society demanding strict punishment is growing. From around 2000, the Defendant already served nine times as punished for driving alcohol or driving without a license, and the Defendant completed the execution of imprisonment due to driving alcohol and re-driving the instant drinking during the period of repeated offense, and the amount of alcohol concentration in blood was relatively high, taking into comprehensive account all the sentencing conditions of the instant case, such as the Defendant’s character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentence of maximum sentence by reducing the amount of imprisonment exceeds the reasonable scope of discretion.

It does not appear.

Therefore, the defendant's assertion is without merit.

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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