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(영문) 서울중앙지방법원 2021.02.02 2020노3547

도로교통법위반(무면허운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (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 judgment of the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the aforementioned legal doctrine, circumstances that the conditions of sentencing do not change compared with the judgment of the court below because there is no particular new data on sentencing have been submitted in the trial, and circumstances that the defendant alleged for unfair reasons such as the background of the crime, reflects the circumstance of the crime, and reflects the fact that the defendant had already been punished several times due to drinking or non-licensed driving, and that the defendant repeatedly committed an act of drinking or drinking without permission even during the suspended execution period due to assault, etc. (see Supreme Court Decision 2019Da7736, Jul. 23, 2015; Supreme Court Decision 2019Da8583, Feb. 25, 2012>

Therefore, the defendant's argument of sentencing is without merit.

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.