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(영문) 서울서부지방법원 2019.10.10 2019노1013

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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.

(2) On July 23, 2015, Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260). In light of the following: (a) considering the fact that the statutory punishment for the crime of drunk driving has been continuously aggravated due to the unfavorable circumstances, serious social harm caused by drunk driving; and (b) changes in the legal sentiment of the general public, the crime of drunk driving requires strict punishment; (c) the defendant has the past three times or criminal punishment due to drunk driving; and (d) the vehicle driver’s license was revoked on May 2018, the vehicle driver’s license was revoked without due consideration for the crime committed while under the influence of alcohol; (d) the defendant committed the crime of this case without being sentenced to imprisonment with prison labor for one year under the suspension of the execution of one year; and (e) the defendant’s family members and family members and his family members, who were more favorable to the defendant at the time of the crime of this case.

As above, the lower court determined the sentence by comprehensively taking account of the circumstances favorable to the Defendant and the unfavorable circumstances, and the Defendant.