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(영문) 전주지방법원 2020.05.14 2020노133
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The judgment driving is a serious criminal who is likely to cause unexpected behaviors not only in itself but also in the life and family of others by raising the possibility of a traffic accident. At the time of the instant crime, the Defendant’s blood alcohol concentration was very high to 0.230%, and the fact that the vehicle parked as a result of the instant crime causes physical damage that is damaged by the two prices of the vehicle parked as a result of the instant crime is disadvantageous to the Defendant.

However, in full view of the following facts: (a) the Defendant divided and reflected the instant crime; (b) the driving distance of the instant crime is relatively short of 200 meters; (c) the primary offender without any criminal power; (d) the Defendant appears to have no habit of ordinary drinking driving; (b) the Defendant’s family members are leading the Defendant; and (c) the Defendant’s family members want to take the lead to the Defendant; and (d) the Defendant’s age, character, conduct, environment and other sentencing conditions, the sentence of the lower court cannot be deemed to be unfair because it is too uneasible.

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

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