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(영문) 의정부지방법원 2019.10.24 2019노1786

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) by the lower court (one year of imprisonment) is too unreasonable.

2. As to the determination of sentencing, it is reasonable to respect the sentencing of the first instance court in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, since the first instance court’s inherent area exists in the determination of sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, on the grounds of sentencing, committed the instant crime under the license for only 0.131% alcohol during the period of the same repeated crime, brought about an accident where the parked vehicle and the driver of the damaged vehicle want to be punished against the Defendant, the Defendant’s vehicle has a family member to support the vehicle, the fact that the owner of the damaged vehicle has a 0-year imprisonment with prison labor for 20 years and all of the sentencing conditions shown in the instant special cases [the fact that the Defendant was sentenced to a fine for 10-year imprisonment with prison labor for 20 years and 30-year imprisonment with prison labor for 10 years and 4 years and 10-year fine for the same crime, and the fact that the Defendant was sentenced to a fine for 20-year imprisonment with prison labor for 20 years and 4 years and 19-year fine for the same crime, etc.