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(영문) 광주지방법원 2020.10.21 2020노1801
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;

2. The judgment of the defendant shows the appearance of recognizing and reflecting the crime, and there is no record of punishment for drinking driving during the last five years.

However, the defendant's blood alcohol concentration of 0.13% is not good to commit a crime by driving under the influence of alcohol in a state of drinking.

The defendant has a total of five times of punishment due to drinking driving, and among which, the defendant has been punished as a suspended sentence of imprisonment, two times of imprisonment.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means, consequence, etc. as shown in the records and pleadings, the sentence of the lower court is only within the reasonable scope of discretion, and it is difficult to view that it is unfair because it is too unreasonable.

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 as it is without merit. It is so decided as per Disposition.

(However, on the second page of the judgment of the court below, the "0.113% of the blood alcohol concentration" in the second column of the judgment of the court below is corrected ex officio as "0.13% of the blood alcohol concentration".

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