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(영문) 광주지방법원 2020.04.23 2020노92

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year and four months of imprisonment) is too unreasonable;

2. Determination

A. In a case where there is no change in the conditions of sentencing compared with 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The lower court determined that each of the crimes of this case was committed during the suspended execution period (the Defendant was sentenced to three years and six months of suspended execution with labor on August 12, 2016 due to a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse, etc., and the judgment became final and conclusive on August 20, 2016). Part of the crimes of this case in the 2019 Highest April 4764 and the 2019 Highest 4985 case were committed during the trial proceedings relating to the 2019 Highest 1435 case; the Defendant had been punished twice or more prior to the crimes of this case; the distance between the previous drinking driving force and the previous 2019 Highest 497 highest 7 highest 7 highest 97 highest 9 high-level 209 high-level 4 high-level 9 high-level 201 high-level 4 high-level 206 high-level 2 high-level 2 high-level 4 high-level 2 high-level game users.