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(영문) 대전지방법원 2019.02.15 2018노3523
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is desirable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in circumstances in the matters subject to sentencing following the pronouncement of the lower judgment.

Considering the fact that the Defendant was sentenced to three times a fine due to drinking driving and was sentenced to a suspended sentence of imprisonment in 2014, but the Defendant did not dismiss drinking habits and repeated the instant drinking driving, the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion, even considering the circumstance in which the Defendant asserts as the grounds for appeal.

The defendant's assertion of unfair sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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