beta
(영문) 대전지방법원 2021.03.31 2021노94

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (one year of imprisonment) against the defendant in summary of the grounds for appeal 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). In full view of the favorable or unfavorable circumstances of the Defendant, as stated in the lower court, as well as various sentencing conditions, such as the Defendant’s age, sex, behavior, environment, family relationship, motive for committing an offense, method of committing an offense, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

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.