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(영문) 의정부지방법원 2021.03.16 2020노2671
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (one year and six months of imprisonment) of the lower court is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized the mistake and reflects it; (b) the fact that the Defendant made efforts to avoid reoffending by disposing of the vehicle and receiving alcohol treatment; and (c) the fact that there are family members to support.

However, the Defendant had had the record of being punished twice due to drinking driving, and committed the instant crime during the period of repeated crime.

The blood alcohol concentration belongs to a relatively high level, and even though it has been discovered once due to drinking, the driver was driving the drinking at once again.

There is no special circumstance to consider the situation in which a drinking driving is made.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of the instant case, including the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, etc., the lower court’s punishment is too unreasonable and does not seem to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

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

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