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(영문) 전주지방법원 2020.04.09 2020노35
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the Defendant recognized the instant crime and reflects the fact that the Defendant scraped the vehicle and prevented recidivism, the victim of the accident (not the contents of prosecution) does not want the punishment of the Defendant, supporting his family, and family members want to release the Defendant.

However, it is also recognized that the Defendant had already been subject to a total of five times punishment, including one suspended sentence and one sentenced to a suspended sentence due to drinking driving, and that the blood alcohol concentration in the instant case is very high to 0.228%, that the previous penal provision was sentenced to the statutory maximum limit, that was, there was social consensus to punish the Defendant with severe social harm caused by drinking driving, and that there was a higher statutory penalty.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, 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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