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(영문) 광주지방법원 2020.07.21 2019노2347
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 4,00,00) of the lower court is too unreasonable.

2. Determination is an element of sentencing favorable to the Defendant, such as the fact that the Defendant recognized that the Defendant had not subscribed to the instant drinking and mandatory insurance, that the Defendant subscribed to mandatory insurance after the instant case, and that the Defendant is endeavoring to treat alcohol dependence.

On the other hand, the fact that the blood alcohol concentration (0.162%) at the time of driving under the influence of alcohol in this case is relatively high, and that the defendant has a criminal record of driving under the influence of alcohol in one time is an element of sentencing unfavorable to the defendant.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, considering the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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