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(영문) 광주지방법원 2020.08.27 2020노1483
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal is that the original court’s punishment (one year and six months of imprisonment) is too unreasonable;

2. Determination

A. 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The lower court, on January 16, 2020, sentenced the Defendant to three-time punishment due to a drunk driving and a traffic-related crime, and sentenced the Defendant to two years of suspension of execution, etc. on one and half years of imprisonment due to a drunk driving on one-year and six-month basis.

1. 24. Although the judgment became final and conclusive, the Defendant was not driving without a license for alcohol again, and was continuously driving without a license since the revocation of the driver’s license in 2016. Considering that the Defendant visited the Integrated Support Center for Addiction Management after the instant crime and made efforts to treat alcohol addiction, and that the Defendant is responsible for the family’s livelihood while operating a store, the Defendant was sentenced to a punishment against the Defendant under favorable circumstances.

C. Based on the above legal principle, there is no change in the above sentencing conditions compared with the court below, and the court below did not seem to have exceeded the reasonable scope of discretion by taking into account the following factors: (a) the balance of sentencing with the same kind of crime, Defendant’s age, character and conduct, motive of the crime, and circumstances revealed in the proceedings of the pleading in this case, etc.

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

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

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