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(영문) 인천지방법원 2020.08.14 2020노1429
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment and two hundred thousand won of fine) 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is too unreasonable even if considering the circumstances asserted by the Defendant as the grounds for appeal, such as: (a) there is no change of circumstances that may be considered in the sentencing following the lower judgment; (b) there is a history of punishment for the same kind of crime; (c) the Defendant has a high blood alcohol level at the time of drinking alcohol; and (d) the Defendant jointly destroyed a vehicle parked while driving the vehicle under the influence of alcohol and damaged another vehicle parked while leaving the site as it is; and (b) there is damage to the parked vehicle.

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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