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(영문) 전주지방법원 2020.04.23 2020노5
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, one hundred and sixty hours of community service order, and forty hours of compliance driving order) is too uneasy and unreasonable.

2. The judgment of the driving under the influence of alcohol is a serious criminal who is likely to cause unexpected behaviors to the life and home of another person as well as his own, by raising the possibility of a traffic accident, and the defendant committed the crime of this case against the defendant, even though he was sentenced to a summary order of a fine of KRW 700,000 on July 2, 2012 by the previous District Court's military support on December 21, 2007, and a fine of KRW 1.5 million by the above court on July 2, 2012, and again committed the crime of this case, which is disadvantageous to the defendant.

However, in full view of the following facts: (a) the Defendant’s criminal act in this case is divided and reflected; (b) the risk of drunk driving is realized; and (c) the risk of traffic accident does not lead to traffic accidents; (d) the Defendant has no record of committing any crime exceeding the fine; and (e) there is no record of criminal punishment since 2013; and (b) the Defendant’s age, character and conduct, environment and other sentencing conditions, the sentence of the lower court is too

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

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