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(영문) 제주지방법원 2020.02.13 2019노1004
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

Although the Defendant appealed on the ground that the lower court’s punishment was too excessive and unfair, in light of all the sentencing conditions shown in the records and arguments in the instant case, even if considering the circumstances leading up to the Defendant’s drinking operation, the fact that the Defendant disposed of the vehicles that he had been driven after drinking, and other factors such as the Defendant’s health status, economic situation and family relationship, it is not recognized that the sentence imposed by the lower court, based on the reasons indicated in its reasoning, is too unreasonable.

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, in the application of the judgment of the court below, the pertinent Article of the Act and the column of the choice of punishment for the crime shall be corrected to "Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018)" and "the choice of imprisonment".

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