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(영문) 광주지방법원 2020.06.24 2020노744
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Defendant appears to have recognized and reflected his criminal act.

However, in the state of 0.141% of blood alcohol concentration, the Defendant was driving without permission, and the blood alcohol concentration is high so that the Defendant is not good to commit a crime.

In addition, the defendant was sentenced to the suspension of the execution of imprisonment due to driving without a license for drinking or without a license, as well as his/her past history of punishment for multiple times, and re-driving without a license for drinking or without a license for three months.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view that it is unfair because it

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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