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(영문) 청주지방법원 2020.10.23 2020노657

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined punishment in full view of the unforeseen circumstances, and no new

It is favorable for the defendant to recognize and reflect the error of the defendant, to dispose of the vehicle and not drive the vehicle again, and to go through marriage.

The fact that the defendant was punished for drunk driving three times, and the defendant had been sentenced to a suspended sentence of imprisonment due to a crime of drunk driving as stated in the judgment of the court below, and the defendant repeated his/her drinking without the license even though he/she was under the grace period, and the blood alcohol concentration level is high 0.143%.

In full view of all other circumstances that are the conditions for sentencing as shown in records and pleadings, the lower court’s sentence cannot be deemed to be unfair because it goes beyond the scope of reasonable 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.