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(영문) 전주지방법원 2020.10.27 2020노996
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (one year and two months of imprisonment, two years of probation, one hundred and sixty hours of community service order, and forty hours of community service order) is too uncomfortable and unfair.

2. The judgment of the court below is a very dangerous crime that may cause unexpected behaviors to the life and home of others as well as the possibility of traffic accidents. It is necessary to strictly punish the defendant. The distance from driving in the state of drinking is about 4.8km, and the defendant's blood alcohol concentration was considerably high by 0.113% at the time of the crime of this case. The defendant's vehicle driving is 112 reported that the driver's vehicle is beyond the median line and driving 112, while tracking about 3km, the police vehicle stopped by tracking about 0.87% at the Jeonju District Court on December 7, 2012. The defendant driven in the state of drinking alcohol concentration of 0.87% at the Jeonju District Court on December 7, 2012, it is a summary order of KRW 150,000,000,000,0000,000,000 won, which is disadvantageous to the defendant under the influence of alcohol level of a fine of 0.0% on December 28, 2019.

However, in full view of the following facts: (a) the Defendant is flying the instant crime in depth and reflects the Defendant’s character; (b) the Defendant was driving the instant crime in the state of exploitation; (c) the occurrence of the danger therefrom; (d) there was no personal and physical damage; (c) the Defendant has no record of criminal punishment if the Defendant excluded from the said two times of fines; (d) the Defendant’s transfer of the instant vehicle to his parent; and (e) the Defendant’s age, character, conduct, environment, and other sentencing conditions, the Defendant’s punishment cannot be deemed unfair because the sentence of the lower court is too una

3. Thus, the prosecutor's appeal is without merit.

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