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(영문) 전주지방법원 2020.01.30 2019노1524

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal - The sentence of imprisonment (one year of imprisonment) by the lower court is too heavy.

2. There is no change in circumstances in the trial concerning the sentencing of the judgment, and the lower court has already determined the punishment by fully taking account of all circumstances that the Defendant already asserted as the grounds for appeal.

In particular, in full view of the sentencing grounds cited by the lower court, including the fact that the Defendant re-driving a motor vehicle during the period of repeated crimes due to the violation of the Road Traffic Act (driving) as stated in the lower judgment, and the sentence of the lower court constituted the lower statutory penalty, and other various sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, environment, and criminal history, the lower court’s punishment is too unreasonable, and thus, does not seem to have exceeded the reasonable scope of discretion on sentencing.

Therefore, the defendant's assertion is not accepted.

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