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(영문) 광주지방법원 2020.08.20 2020노1263
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year and six months of imprisonment) is too unreasonable;

2. The circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflected, and that there was no record of punishment for the same crime since 2013.

On the other hand, the blood alcohol concentration of this case is very high, the defendant was punished seven times due to drunk driving or unlicensed driving, etc., and there are two times the criminal records of the suspended sentence of imprisonment, and even if he had been in the period of suspended sentence due to the previous conviction, the fact that he went to the crime of this case is disadvantageous.

In addition, considering the defendant's age, character, conduct and environment, motive, means and consequence of the crime, the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable. Thus, the above argument of the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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