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(영문) 광주지방법원 2020.06.10 2020노645
도로교통법위반(음주운전)
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 appears to have recognized and reflected his criminal act.

However, the Defendant was driving under the influence of alcohol level 0.139%, and the blood alcohol level is high so that the quality of the crime is not good.

The defendant has been punished three times due to drinking driving, and the defendant has relatively recently been punished as a suspended sentence of imprisonment in 2017, but he has been driving again even though he has been punished as a suspended sentence of imprisonment.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means, consequence, etc. as shown in the records and pleadings, the sentence of the lower court is only within the reasonable scope of discretion, and it is difficult to view that it is unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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