beta
(영문) 제주지방법원 2017.09.21 2017노381

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court sentencing does not deviate from the reasonable scope of discretion (Supreme Court Decision 2015Do3260 Decided July 23, 2015). Although the Defendant appears to have committed each of the crimes in this case, it is recognized that he/she had an attitude to recognize and reflect each of the crimes in this case, the lower court appears to have determined the sentence against the Defendant, and there is no change of circumstances that may be considered in sentencing after the sentence was sentenced, and the Defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on August 17, 2016, after being sentenced to the suspended sentence of two years in prison on August 25, 2016, each of the crimes in this case, including the record of each of the crimes in this case and the motive and degree of alcohol of the Defendant, and all of each of the crime in this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.