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(영문) 대전지방법원 2019.01.16 2018노3179
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e.g., imprisonment) is too unreasonable.

2. It is reasonable to respect the sentencing of the first instance court in a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the ground that the first instance court’s sentencing falls within the reasonable scope of discretion, even though the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the aforementioned legal principles, the lower court, inasmuch as there is no change in the sentencing conditions when compared to the lower court, the lower court should respect the sentencing of the Defendant, on the grounds that there is no change in the sentencing conditions, since there is no reason to regard the Defendant’s confession and there is no previous conviction other than the fine, the Defendant committed the instant crime even though he was punished four times for the same kind of crime, the lower court committed the instant crime, which is highly high in the level of alcohol level, and the social harm caused by driving under the influence of alcohol, and there is a need to strictly punish the Defendant.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

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

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