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(영문) 춘천지방법원 2020.09.11 2020노467
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). We examine in light of the foregoing legal doctrine.

The judgment below

There is no change of circumstances to consider the sentencing of the accused after the sentence.

Even though the defendant was sentenced three times to a fine for drunk driving and was sentenced one time to a suspended sentence of imprisonment with prison labor, he/she again drives under the influence of alcohol, the blood alcohol level at the time of committing the crime was considerably high by 0.182%, the central line was very dangerous to transfer his/her act of driving, such as passing over the central line, and the disadvantageous circumstances such as the escape during the control, and the reasons for sentencing in the records and arguments of this case and the judgment of the court below, even if considering all the circumstances asserted by the defendant as the grounds for appeal, the sentence of the court below is unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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