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(영문) 전주지방법원 2019.01.30 2018노1651
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act, and the fact that the sentencing of the first instance court does not change in the conditions for 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. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the first instance court’s judgment and to refrain from imposing a sentence that does not differ from the first instance court’s opinion on the grounds that it is somewhat different from

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Considering the normal data submitted at the trial court, it is difficult to evaluate that there exists a change in sentencing conditions compared to the original judgment even if the Defendant had been punished several times due to drinking driving or driving without a license. The Defendant committed the instant crime by driving without a license for drinking, etc., even after the completion of the execution of imprisonment due to drinking driving, etc., and subsequently committing the instant crime during the period of repeated offense, and comprehensively taking into account the factors revealed in the pleadings in the instant case, such as the Defendant’s age, character and behavior, environment, the circumstance and motive leading to the instant crime, and the conditions before and after the instant crime, the lower court’

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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