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(영문) 대전지방법원 2020.02.12 2019노3765
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months 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). The lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing, including the following: (a) the Defendant’s recognition of a crime and the cancellation of the registration of a vehicle; (b) the registration of the cancellation of the vehicle; (c) the driving of a motor vehicle twice for a period not exceeding one month during the period of repeated crime due to a majority of the previous departments and the repeated crime; and (d) the driving on September 4, 2019, the blood alcohol concentration is very high; and (b) there is no circumstance to newly consider in the trial; and (c) there is no other circumstance that may be newly considered in the trial of the lower court’s sentencing, such as the motive, means, and consequence of the crime; and (d) the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to go too far beyond the reasonable scope of discretion.

3. As such, 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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