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(영문) 광주지방법원 2021.02.02 2020노1348
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 7,000,000) is too unreasonable.

2. Considering that the statutory punishment for the drinking driving crime has been continuously aggravated due to favorable circumstances, serious social harm caused by the driving of alcohol, and changes in the legal sentiment of the general public, etc., the fact that the Defendant recognized the instant crime, and that the Defendant is the primary offender, etc. is the primary offender, there is a need for strict punishment for the drinking driving crime, and the fact that the alcohol level (0.171%) among the blood transfusion in the instant case is considerably high.

There is no special relationship or change of circumstances that can be newly considered by this court, and in full view of the defendant's age, sex, family relationship, circumstances of crime, and various sentencing conditions shown in the records and arguments of this case, the sentence of the court below is too unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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