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(영문) 춘천지방법원 2020.12.18 2020노689
도로교통법위반(음주운전)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence of the lower court (two years of imprisonment for the defendant A, and a fine of five million won for the defendant B) 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, 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 in circumstances to consider the sentencing of the Defendants after the sentence.

Defendant

In the case of A, even though there was a history of punishment four times or more as a crime of violation of the Road Traffic Act (driving) and driving again, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is bad in light of the circumstances of the accident, degree of the crime, circumstances after the crime, etc., and the crime of obstructing the criminal justice procedure by flighting A is bad in the case of Defendant B, but the degree of interference with the criminal justice procedure is not significant in the initial stage of the investigation, etc.

Therefore, the Defendants’ assertion of unfair sentencing is rejected.

3. The Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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