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(영문) 전주지방법원 2019.03.28 2018노1512
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal - The lower court’s punishment (two months of imprisonment and two years of suspended execution) is too heavy.

2. There is no special change in circumstances in the trial about sentencing.

In light of the time and place of the defendant's exposure to drinking control, the defendant can be deemed to have been driving after drinking the preceding drinking and remaining after drinking.

(1) In light of the aforementioned legal principles and records, the lower court’s punishment cannot be deemed to have exceeded the reasonable scope of discretion, by taking account of the following factors: (a) the purpose of the lower court’s punishment is to ensure that the Defendant’s age, drinking water, and other various sentencing conditions indicated in the records of the instant case, including the fact that a person was under the influence of alcohol and that the person was under the influence of alcohol.

Therefore, the 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 on the ground that it is without merit. It is so decided as per Disposition.

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