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(영문) 전주지방법원 2020.05.14 2020노217
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, three years of suspended sentence, 180 hours of community service order, and 80 hours of community service order) is too uneased and unreasonable.

2. The judgment under the influence of alcohol is a serious criminal who is likely to cause unexpected behaviors to the life and home of another person as well as his/her own high possibility of traffic accident; the defendant was issued a summary order of KRW 1,50,000 to a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) in the Jeonju District Court's Gun mountain support on June 28, 2010; on September 6, 2010, the same court was sentenced to a fine of KRW 3,00,000 to a fine of KRW 3,50,000 for a violation of the Road Traffic Act (driving) in the Hongsung branch of the Daejeon District Court on January 4, 2012; on the other hand, the defendant again committed the instant crime despite the fact that the summary order was issued to a fine of KRW 3,50,000 for a violation of the Road Traffic Act (Free Driver) and that the defendant's blood alcohol level at the time of the instant crime was significantly high 0.

However, after the crime of this case was committed by the Defendant on December 26, 2019, the crime of this case is divided and reflected by the Defendant, such as selling the instant car operated by the Defendant on December 26, 2019, the driving distance is relatively short, the Defendant has no record of committing any crime exceeding the fine due to the same kind of crime, and there is no record of criminal punishment since 2015, and the Defendant’s age, character, character, environment, and other sentencing conditions are considered as a whole, it cannot be said that the sentence of the lower court is too unreasonable.

3. In conclusion, the prosecutor'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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