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(영문) 인천지방법원 2020.09.11 2020노1796
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In addition, there is no change in circumstances that may consider the sentencing following the lower judgment, and the Defendant is driving under the influence of alcohol at a very high level of 0.171% of blood alcohol level, and the Defendant committed the instant crime even though he was under the suspension of the execution of imprisonment due to the violation of the Road Traffic Act, taking into account various sentencing conditions indicated in the instant records and pleadings, even if considering the circumstances asserted by the Defendant as the grounds for appeal, the lower court’s sentence is too unreasonable.

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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