logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.10.25 2019노1234
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal 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). Based on the foregoing legal doctrine, the circumstances alleged by the Defendant as an element of sentencing were revealed in the hearing process of the lower court and sufficiently considered. There was no particular change in the situation that is the condition of sentencing after the sentence of the lower judgment.

In addition, although the defendant recognized each of the crimes of this case, and agreed with the victim of property damage, the defendant had been punished several times in the previous crimes, committed the crimes of this case in the probation period, and committed the crimes of this case in the course of being prosecuted and tried under the 2018 Highestest 5351 and the 2018 Highest 2013, the defendant's age, character and behavior, environment, the background and motive leading to the crime of this case, and the circumstances before and after the crime, etc., the sentencing of the court below is too excessive, and it cannot be said that the sentencing of the court below exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

arrow