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(영문) 수원지방법원 2021.03.19 2020노7294
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment imposed by the court below (one year and two months of imprisonment) is too unreasonable.

In our criminal litigation law, which takes the principle of trial-oriented and directness, there is no change in the conditions of sentencing compared to the first instance court in the determination of sentencing, and in the event that the first instance court sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is true that there are circumstances that can be taken into account the defendant, such as the following: (a) based on these legal principles, the defendant is divided into one’s mistake; (b) the defendant was smoothly agreed with the victim; (c) the victim was first reached in the trial; and (d) the victim was taking the front action against the defendant; and (d) the defendant planned to provide medical treatment related to drinking in the Integrated Support Center for Addiction Management in Ansan-si.

However, despite the fact that the defendant had been punished for drinking driving, etc. four times (three times of punishment, three times of imprisonment, one time of suspension of the execution of imprisonment with prison labor), his mistake has not been properly divided, and the result of the crime of this case has occurred as well as the result of the injury by causing a traffic accident, and the amount of alcohol concentration in the blood during the traffic accident of this case has high level at the time of the traffic accident of this case, and all the conditions of the arguments and the sentencing indicated in the records of this case, including the defendant's age, sex, behavior, environment, driving circumstances, accident scale, and circumstances after the crime, etc., even if considering some changes in circumstances after the judgment of the court below, it is not recognized that even after considering some changes in circumstances after the judgment of the court below, the defendant's punishment imposed by the court below is too excessive to the extent that

Therefore, the defendant's assertion is without merit.

Thus, the defendant's appeal is without merit.

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