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(영문) 의정부지방법원 2020.08.27 2020노1284
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. At the time of the instant crime, the Defendant’s blood alcohol concentration was very high as 0.208%.

Even before the crime of this case was committed, the number of drunk driving, which was punished by the defendant, has reached three times, and it was sentenced to a suspended sentence of two years for the last time due to drinking driving.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.

The distance operated by the defendant is only 100 meters.

There are some points to consider the circumstances of the defendant's drinking driving.

Since then, the Defendant disposed of the vehicles provided for the instant crime.

These circumstances are favorable to the defendant.

In addition, considering the age, character and conduct, intelligence and environment of the defendant, and the circumstances after the crime, the sentence of the court below is considered appropriate.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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