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(영문) 인천지방법원 2020.04.03 2020노393

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the records and arguments in this case, there is no change of circumstances that may consider the sentencing after the lower judgment, and considering the various sentencing conditions as stated in the records and arguments, the lower court’s punishment is too large, even if considering the circumstances alleged by the Defendant as the grounds for appeal, and thus, does not seem to have exceeded the reasonable scope of discretion.

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.