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(영문) 의정부지방법원 2020.10.16 2019노3382
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 penalty of eight million won (a fine) is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and reflects the mistake thereof, the defendant has no record of criminal punishment in Korea, and the health is not good, etc. are favorable circumstances.

However, considering that the social harm of drunk driving is serious and the statutory punishment is continuously raised, it is necessary to strictly punish the crime of drunk driving, and the defendant's blood alcohol concentration at the time of the instant case was very high to 0.198%.

Comprehensively taking account of such circumstances as well as the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, circumstances after the commission of the crime, etc., various conditions of sentencing as shown in the records and pleadings of the instant case, and the fact that there is no change in the sentencing conditions compared with the original judgment, and there is no change in the circumstances of sentencing compared with the original judgment, etc., the sentence imposed by the lower

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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