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(영문) 서울서부지방법원 2021.02.01 2020노1521
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (one year and two months of imprisonment) is too unreasonable.

2. In a case where there is no change in the sentencing conditions 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing, determined the sentence by taking into account the various circumstances as indicated in its reasoning.

In addition to the circumstances found by the court below, there is no new circumstance to change the sentence of the court below in the court below.

In light of the recent social consensus on the seriousness of the risk of drinking driving, which led to a significant increase in statutory punishment, the defendant was sentenced to a fine of 4 million won due to drinking driving in 2013, was punished for five times since 2017, and was punished for driving without a license. Furthermore, during the repeated period due to driving without a license, he/she was driving without a license, and his/her alcohol concentration was very high at the time of driving of the instant case, the responsibility for such crime is very heavy.

In addition, even if considering all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, motive and means of the crime, and circumstances after the crime, the sentencing of the court below was too excessive and exceeded the reasonable scope of discretion.

It does not appear.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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