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(영문) 청주지방법원 2020.09.18 2020노783

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The following are the circumstances favorable to the Defendant: (a) the Defendant reflects; and (b) the distance of drinking driving is not a relatively long distance.

However, this situation seems to be reflected in the sentencing as it appears in the court below.

In addition, comprehensively taking account of the following factors such as drinking alcohol, motive and background of the crime, the period of suspended sentence due to a crime committed during the period of immigration offense, and the number of criminal records and the age, character and conduct, environment, family relations, etc. of the defendant, the sentence of the court below cannot be deemed unfair because it goes beyond the reasonable discretion and goes beyond the scope of reasonable discretion.

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