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(영문) 제주지방법원 2019.07.11 2019노286
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

Although the Defendant appealed on the ground that the sentence of the lower court (one year of imprisonment) is too unreasonable, in light of the records of the Defendant’s same criminal records and all the sentencing conditions indicated in the instant case and arguments, such as drinking water by the Defendant at the time, even if considering the family relationship of the Defendant and the circumstances of drinking driving claimed by the Defendant, the sentence imposed by the lower court is too unreasonable on the grounds stated in its reasoning.

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, the part of the "Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of a sound driving)" in the relevant legal framework for criminal facts in the application of the judgment of the court below shall be corrected to "Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018)" (the point of a sound driving).

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