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(영문) 서울중앙지방법원 2020.10.16 2020노1270

도로교통법위반(음주운전)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the court below (the fine of KRW 11,00,000) is too heavy.

Although the Defendant submitted reference materials only to the financial transaction confirmation and diagnosis to the effect that the Defendant’s economic situation is difficult and health is not good within the period for submitting the statement of grounds for appeal, the Defendant selected such reference materials as grounds for appeal of unfair sentencing.

B. The sentence imposed by the prosecutor by the court below is too minor.

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court. In full view of the factors revealed in the instant pleadings, the lower court’s sentencing is too heavy or is so unfluent that it exceeded the reasonable scope of discretion.

Therefore, the defendant and prosecutor's argument of unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.