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(영문) 대전지방법원 2018.11.07 2018노2486

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (seven months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant into account, and there is no circumstance to be newly considered in the first instance court, and in full view of other various circumstances, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to be excessive and so it does not exceed the reasonable scope of discretion.

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.