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(영문) 의정부지방법원 2020.04.10 2019노3545
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 judgment is relatively short of the distance in which the Defendant driven a drinking alcohol, the fact that the Defendant had a family member to support the instant crime, and that the Defendant recognized the instant crime and reflects the wrongness, etc. are favorable circumstances.

However, considering the fact that the social harm of drinking driving is serious and the statutory punishment is raised by the revision of related laws, it is necessary to strictly punish the drinking driving crime.

At the time of the instant crime, the Defendant’s blood alcohol concentration was very high, the Defendant had been punished several times due to drunk driving, and in particular, even if he was sentenced to a suspended sentence of two years on November 24, 2017 due to drunk driving, etc. on November 24, 2017, the Defendant committed the instant crime at a disadvantage during the suspended sentence period.

In full view of such circumstances and the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, circumstances after the commission of the crime, and various sentencing conditions as shown in the records and arguments of this case, and the fact that there is no change in the sentencing conditions compared to the original court, and there is no change in the original court’s punishment, it cannot be deemed that the lower court’s punishment is too

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

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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