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(영문) 전주지방법원 2020.04.29 2020노23
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The sentence of imprisonment (one year of imprisonment) by the lower court is too unreasonable.

2. The lower court determined the sentence by fully taking account of all circumstances that the Defendant already asserted as the grounds for appeal, including the circumstances alleged as the grounds for appeal.

The defendant was punished four times due to drunk driving, and the blood alcohol concentration is also high.

In addition, even if all the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, are re-examineed, the sentence of the court below cannot be deemed unfair.

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 as it is without merit. It is so decided as per Disposition.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the second and fifth acts of the judgment of the court below ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure, “The defendant, by reason of this, has violated the prohibition of driving under the influence of alcohol not less than twice and has driven a motor vehicle under the influence of alcohol again.”

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