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(영문) 서울북부지방법원 2020.09.11 2020노815
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and 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. (See Supreme Court Decision 2015Do3260, Jul. 23, 2015). Circumstances favorable to the Defendant (the fact that the Defendant recognized his/her own responsibility for each of the crimes of this case, the distance of driving is relatively short), unfavorable circumstances [it does not seem that the Defendant committed each of the crimes of this case at the time when the suspended sentence of imprisonment was imposed for the same kind of crime, and for which four months have not passed since the suspended sentence became final, and the possibility of criticism is significant, and the degree of criticism was high; the Defendant was aware that his/her license was revoked; (i) the Defendant committed a vehicle while driving; (ii) the Defendant was frightened; (iii) the police officer who was dispatched immediately after the accident and the police officer who was investigated for a driver; (iv) the Defendant made a false statement that his/her own woman-friendly driving was made by the police for a specific driver; (iv) the Defendant’s age and circumstances of this case; (iii.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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