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(영문) 전주지방법원 2020.04.09 2020노150
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 reflected the instant crime, that it is difficult for the Defendant to live while suffering from urology without good health due to urology, and that the banes want to have her wife.

However, the Defendant had already been sentenced to punishment, including once a fine due to drinking driving, twice a suspended sentence of imprisonment, and in particular, on August 11, 2017, the judgment of 8 months of imprisonment and 2 years of suspended sentence became final and conclusive. Before the suspended sentence period expires, the Defendant committed the instant crime; the blood alcohol level of the instant case was higher than 0.142%; the maximum sentence of the amended Road Traffic Act was one year of imprisonment; the social agreement was reached to severely punish the instant crime by preventing social harm caused by drinking driving; and the statutory penalty was raised.

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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