logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2021.01.15 2020노431
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable as the punishment (the penalty amounting to KRW 10 million) imposed by the defendant 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 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). The fact that the Defendant recognized the error and reflects are favorable to the Defendant.

However, such circumstances are all revealed in the process of the judgment of the court below, and there is no new circumstance or special change of circumstances to be reflected in the sentencing after the decision of the court below.

In full view of the fact that the Defendant had been sentenced to a fine due to the crime of drinking alcohol driving, and other circumstances constituting the conditions for sentencing as shown in the records and pleadings, it cannot be deemed that the lower court’s punishment, which constitutes the lowest fine, is unfair by excessively exceeding the scope of reasonable discretion.

3. 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.

arrow