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(영문) 부산지방법원 2020.12.03 2020노2198
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of the following: (a) there is no new circumstance to change the sentence of the lower court in the trial; (b) drinking driving is highly likely to infringe on the life or body of the citizens using roads as well as their drivers; (c) there is a need to strictly punish the Defendant; (d) there is a three-time criminal offense in violation of the Road Traffic Act (unlicensed Driving) and a criminal offense in violation of the Guarantee of Automobile Accident Compensation Act on one occasion; and (e) other various sentencing conditions, including the Defendant’s age, character and behavior, criminal records, motive or circumstance of

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

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