beta
(영문) 의정부지방법원 2020.04.09 2019노3518

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing thereof (one year in prison);

2. The lower court determined the sentence by comprehensively taking account of the following circumstances and the matters stipulated in Article 51 of the Criminal Act. The person under way determined the sentence: The person under way: High blood alcohol concentration, previous and cumulative mitigations: confessions and the Defendant’s economic situation are not good. The grounds for unfair sentencing alleged by the Defendant are determined by the lower court. The grounds for unfair sentencing alleged by the Defendant are already sufficiently considered in determining the sentence, and the lower court’s punishment determined thereby is appropriate within the scope of discretion.

In addition, there is no reason to judge that the sentencing conditions have changed in the trial.

Therefore, it is reasonable to respect the sentencing of the lower court, and thus, the Defendant’s assertion of unfair sentencing is not accepted.

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