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(영문) 의정부지방법원 2020.10.16 2019노3647
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, two years of suspended sentence, 40 hours of an order to attend a community service, 120 hours of an order to provide community service) is too unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflected the mistake.

However, considering that the social harm of drunk driving is serious and the statutory punishment is continuously raised, the crime of drunk driving requires strict punishment. At the time of the instant case, the Defendant’s blood alcohol concentration was 0.095%, and the Defendant repeated the crime even though he had been punished several times due to drunk driving.

In full view of such circumstances as well as the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, there is no change in the sentencing conditions compared to the original judgment, and there is no change in the sentencing conditions compared to the original judgment, the lower court’s sentence cannot be deemed unfair because it is too unreasonable for the lower court to have imposed the Defendant.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant'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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