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(영문) 광주지방법원 2020.10.13 2020노229
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 4,00,00) of the lower court is too unreasonable.

2. The fact that the Defendant recognized drinking driving of the instant case is an element of sentencing favorable to the Defendant.

On the other hand, the fact that blood alcohol concentration (0.187%) at the time of the pertinent drunk driving is relatively high is an element of sentencing unfavorable to the defendant.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, considering the Defendant’s age, character and conduct, criminal records, motive and circumstances leading to the drinking driving of this case, and the circumstances after the drinking driving, the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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