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(영문) 의정부지방법원 2020.05.28 2020노759

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (in original case: Imprisonment with prison labor for a year and two months);

2. The lower court determined a sentence by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act. The person under way determined a sentence: (a) the degree of blood alcohol content and the person subject to mitigation, such as the previous and cumulative reduction: The Defendant confessions; and (b) the reason for unfair sentencing alleged by the Defendant is that the lower court already considered in determining a sentence; and (c) the lower court’s punishment determined accordingly was conducted within the discretionary scope.

In addition, there is no reason to judge that the sentencing conditions have changed in the trial.

Therefore, it is reasonable to respect the sentencing of the lower court, and thus, the Defendant’s assertion of unfair sentencing 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.