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(영문) 제주지방법원 2020.07.23 2019노830
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. According to the records of the judgment on the grounds of appeal in this case, it is recognized that the defendant's mistake is recognized, that the defendant has no same criminal record, that the defendant does not have good health conditions such as receiving navigation cancer treatment after undergoing the doctor's cancer diagnosis, that the defendant is a recipient under the National Basic Living Security Act and his mother suffers from severe dementia.

However, in light of all the sentencing conditions indicated in the records and arguments of this case, including the fact that the defendant was paid a traffic accident while driving a large number of travelers while under the influence of alcohol, and that the blood alcohol level measured by the defendant is considerably high to 0.196%, it is not recognized that the sentence imposed on the defendant is too unreasonable on the grounds stated in its reasoning.

3. 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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