logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2020.04.03 2019노1838
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.

The fact that the defendant recognizes and reflects the crime, and that human damage is not caused, etc., but the defendant has many same criminal records, such as imprisonment with prison labor four times, suspension of the execution of imprisonment with prison labor four times, and one fine. Nevertheless, the defendant is driving a vehicle without a license during the suspension of the execution due to the crime of drunk driving.

Comprehensively taking account of the fact that traffic accident occurred and other conditions of sentencing such as the defendant's age, character and conduct, and circumstances before and after the crime, the defendant suffers from urology, high blood pressure, and dysia, and there is a family member such as a foreigner's wife, children's three, parents, etc.

Even if the judgment of the court below is too heavy, it cannot be deemed that the judgment of the court below goes beyond the reasonable limit of its discretion.

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

arrow