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(영문) 광주지방법원 2020.09.08 2020노1396
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Determination factors are sentencing factors favorable to the defendant, such as the fact that the defendant recognized drinking and driving without a license of this case.

On the other hand, the sentencing factors that are disadvantageous to the defendant are the following: the defendant had a five-time drinking (including refusal of drinking alcohol measurement) and a non-licensed driving (including refusal of drinking alcohol measurement). Among them, the two-time sentence had a previous conviction; the drinking and non-licensed driving of this case during the same repeated period due to the previous conviction; the defendant continued without a license since 2002 where a non-licensed driving was discovered for the first time without obtaining a driver's license; the blood alcohol concentration (0.130%) at the time of driving under the influence of alcohol in this case is relatively high, and there was an accident involving telegraph, etc.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, considering the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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