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(영문) 서울서부지방법원 2020.04.09 2019노1630

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of fine) is too unreasonable.

2. 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 the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the following: (a) there is no special circumstance or change in circumstances that may be newly considered in sentencing in a trial; (b) the level and driving distance of the criminal defendant; and (c) the age, character and conduct, environment, circumstances of the criminal defendant; and (d) the circumstances after the criminal act, etc., the lower court’s sentence is too unreasonable beyond the reasonable scope of discretion.

The defendant's above assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the term "application of the Act and subordinate statutes" in the reasoning of the judgment of the court below shall be corrected to the term "election of imprisonment" in the second sentence.