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(영문) 전주지방법원 2020.04.28 2020노345
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year and ten months of imprisonment) by the lower court is too unreasonable.

2. The fact that the Defendant is led to the confession and reflect of the instant crime, the health of the Defendant is not good, etc. However, the drinking driving is not only the Defendant’s own, but also the serious criminal threatening the life, body, and property of other persons and his family members, and the crime of this case is committed under a very high blood alcohol concentration, and there are three previous criminal convictions in the previous Jeju District Court on June 7, 2016. In particular, the previous Jeju District Court has been given an opportunity to suspend the execution after being sentenced to a suspension of execution for two years of imprisonment with prison labor due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death on Dangerous Driving), the repeated crime of this case, and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and happiness environment, the circumstances before and after the crime, etc., it is too unreasonable to deem that the Defendant’s sentence against the Defendant exceeded the reasonable scope of discretion.

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

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