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(영문) 전주지방법원 2019.10.23 2019노755
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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). The lower court determined a sentence by comprehensively taking account of all the favorable circumstances and unfavorable circumstances for the Defendant, and cannot be deemed to have any special circumstance to change the sentence of the lower court or any change in circumstances after the lower judgment was sentenced.

In addition, when comprehensively taking account of all the elements of sentencing as indicated in the arguments in this case, such as the circumstances, age, character and conduct, environment, motive for committing the crime, circumstances after committing the crime, etc., the sentencing of the lower court is conducted within the reasonable scope of discretion, and it is reasonable to respect it as it is too unreasonable and unreasonable.

Therefore, the defendant's assertion is without merit.

3. If so, 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.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the second half of the judgment of the court below shall be amended as follows:

Article 148-2(2)2, and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); and Article 148-2(2)2, and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); and Article 152 subparag. 1, and Article 43 of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) of the 15th sentence.

In addition, between the 16th and 17th deeds of the judgment of the court below, the term “1. Commercial concurrence”, “Articles 40 and 50 of the Criminal Act”, “1. Selection of punishment”, and “the choice of imprisonment” shall be added.

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