(영문) 의정부지방법원 2020.01.17 2019노1257

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(영문) 의정부지방법원 2020.01.17 2019노1257

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (person who is in fact, misunderstanding of legal principles, and unreasonable sentencing) or Defendant 1’s assertion of misunderstanding of facts or misapprehension of legal principles recognized that he driven a car in the state of drinking, but cannot be deemed to have reached a situation where normal driving is difficult due to drinking at the time. However, as the lower court convicted of this part of the facts charged, the lower court erred by misapprehending the facts or misapprehending the legal principles. 2) The lower court’s punishment (one year of imprisonment, two years of suspended execution, 40 hours of attending a law, and 80 hours of community service order) alleged unfair sentencing is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. The Defendant asserted that the Defendant had the same purport as the grounds for appeal in the lower court’s judgment, and the lower court rejected the Defendant’s assertion on the grounds that the Defendant had driven a vehicle while driving the vehicle under the influence of drinking alcohol at the time of the instant case, and that the Defendant sustained injury from the victims by receiving the damaged vehicle in the process, by giving a detailed statement on the summary of the evidence in a lower part of the judgment.

Examining the above judgment of the court below in light of the evidence duly adopted and investigated by the court below, the judgment of the court below is just and acceptable, and it is hard to see that there was an error of misconception of facts or misapprehension of legal principles as alleged by the defendant

Therefore, the defendant's above assertion on this is without merit.

3. We also examine the defendant and prosecutor's assertion of unfair sentencing regarding the defendant and prosecutor's assertion of unfair sentencing.

When there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion.

유사 판례

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