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(영문) 의정부지방법원 2019.01.08 2018노3052
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Defendant recognized and reflected the instant crime, and scrapped the instant vehicle.

This is the circumstances favorable to the defendant.

However, the crime of this case is not very likely to be committed because the defendant who was under suspension of the execution of the same crime is found to have been engaged in drinking or drinking twice a day while driving under the influence of alcohol immediately.

The defendant has already been a criminal record of the same kind.

If 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no new change in circumstances that may change the sentence of the lower court in the trial.

This is disadvantageous to the defendant.

In full view of such circumstances as well as the Defendant’s age, environment, character and conduct, motive for committing the instant crime, and circumstances before and after the commission of the crime, it cannot be deemed that the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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