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(영문) 대전지방법원 2019.07.18 2019노1277
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The lower court’s imprisonment (six months of imprisonment) is too unreasonable.

2. If 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, the appellate court is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of new sentencing that can be deemed unfair to maintain the sentencing of the lower court in the trial room, and the circumstances alleged by the Defendant as the grounds for appeal in the grounds for appeal are deemed to have been revealed and sufficiently considered during the trial of the lower court. In full view of the records of the instant case and various sentencing conditions expressed in the trial process, including the various circumstances presented by the lower court in the grounds for sentencing, the lower court’s sentence that sentenced the lowest sentence to be mitigated by taking into account the favorable circumstances for the Defendant out of the statutory minimum statutory penalty of imprisonment is not deemed to be unfair because it goes beyond the reasonable scope of the discretion.

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

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