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(영문) 광주지방법원 2020.11.05 2020노2120
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 four 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 the instant drunk driving is very high, and that the Defendant was sentenced to a suspended sentence of imprisonment due to a drunk driving in 2018, even though he was sentenced to a suspended sentence of imprisonment due to a drunk driving, it is disadvantageous to the Defendant again to commit the instant crime after the expiration of the suspended sentence.

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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