beta
(영문) 의정부지방법원 2020.09.25 2020노1796

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is recognized that the Defendant recognized each of the instant crimes and reflects the fact that the Defendant, and that there are children to support the Defendant.

However, each of the crimes of this case was punished by a fine for violation of the Road Traffic Act (Free Driver's License) around December 16, 201; the defendant was punished by a violation of the Road Traffic Act (Free Driver's License) and a violation of the Road Traffic Act (Free Driver's License) on several occasions for a considerable period without being registered in the register of automobiles; the driving of a motor vehicle without a license; the driving of a motor vehicle; the driving of a motor vehicle; the driving of a motor vehicle; the driving of a motor vehicle; the driving of a motor vehicle; the high level of the quality of the crime; the defendant was committed on or around 2001, around 205, around 201; the violation of the Road Traffic Act (Free Driver's License) around December 201; the defendant was punished by a fine; and the defendant was punished by a suspended sentence of imprisonment due to a violation of the Road Traffic Act (Free Driver's License) and the change of circumstances that have already been favorable to him; the court below sentenced the defendant's age and maximum punishment after the change of circumstances.