도로교통법위반(음주운전)등
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (7.5 million won) is too unreasonable.
2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.
In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.
In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the Defendant as an element favorable to the sentencing in the trial of the lower court have already been presented during the oral proceedings of the lower court, and there is no change of circumstances favorable to the sentencing criteria after the sentence of the lower court was rendered.
The fact that the defendant recognized the crime of this case and appears to be against the defendant is favorable.
However, the Defendant, on 2014. and 2016. The Defendant again committed the instant crime even if he/she was sentenced to a fine due to drinking and non-licensed driving on 2014. The Defendant appears to have committed a violation of traffic order, such as drinking. The driving of drinking is not only the occurrence of a traffic hazard on the road but also the risk of others.