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(영문) 청주지방법원 2019.09.27 2019노1099

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). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.

The defendant is both aware of and against all crimes, and the family members and branch members of the defendant want to take the action against the defendant.

The instant vehicle was transferred as it is expected not to repeat the crime.

There is a family member to support.

On the other hand, the Defendant committed the instant crime, including imprisonment with prison labor, since 4 times a criminal record of drinking driving, and in particular, 3 months have not passed since the period of probation of imprisonment with prison labor for the same kind of crime was expired, and therefore, the criminal liability is heavy.

Blood alcohol concentration is 0.143% high.

In addition, considering the defendant's age, character and conduct, environment, family relation, etc. and various conditions of sentencing indicated in the arguments and records, it cannot be deemed that the court below's punishment is too heavy beyond the reasonable limit of 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.