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(영문) 서울중앙지방법원 2020.09.11 2019노3889
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to one year of imprisonment, two years of suspended execution, one year of probation, and 40 hours of taking a compliance driving course) of the lower court is too heavy;

2. There is no change in the conditions of sentencing compared to the judgment of the first instance court, and where 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). There is no change in the conditions of sentencing compared with the judgment of the lower court because new materials on sentencing have not been submitted at the trial of the first instance, and when comprehensively considering the reasons revealed in the argument of the instant case, the sentencing of the lower court is too unreasonable to have exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition.

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