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(영문) 청주지방법원 2020.09.25 2020노779
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years 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 with 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). The fact that the Defendant reflects the gender, support for the aged, etc. is favorable to the Defendant.

However, this situation seems to be reflected in the sentencing as it appears in the court below.

Defendant has been punished several times, such as repeating a repeated crime during the period of a repeated crime, and having been sentenced to a suspended sentence of imprisonment or imprisonment for the same crime.

In addition, comprehensively taking account of the motive and background of the crime, means of crime, age, character and conduct, environment, family relation, etc., various sentencing conditions as shown in the arguments and records, etc., it cannot be deemed that the lower court’s punishment is excessively unreasonable because it goes beyond the scope of reasonable discretion.

3. 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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