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(영문) 광주지방법원 2020.08.13 2020노1048
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 fact that the judgment defendant recognized the crime of this case and reflected in the crime is favorable to the defendant.

On the other hand, the fact that the blood alcohol concentration of this case is high, and the defendant has been punished for driving under the influence of alcohol several times in a short term, and among them, there are the records of having been punished by imprisonment with prison labor, and the fact that the above sentence is going to the crime of drinking under the influence of alcohol during the period of the same repeated crime due to the previous conviction 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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