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(영문) 광주지방법원 2020.04.29 2019노3256
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. The Defendant appears to have recognized and reflected his criminal act.

However, the defendant's blood alcohol concentration of 0.161% is not good to commit a crime by driving under the influence of alcohol.

In addition, the defendant not only has been punished three times due to drinking driving, but also has been sentenced to a suspended sentence of imprisonment in 2017 due to the drinking driving case, and he again driven a drinking again for about four months after the period of the suspended sentence has passed.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view that it is unfair because it

Therefore, the 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 since it is without merit. It is so decided as per Disposition.

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