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(영문) 전주지방법원 2020.02.13 2019노1719
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal - The sentence of imprisonment (one year of imprisonment) by the lower court is too heavy.

2. There is no special change in circumstances in the trial about sentencing.

The lower court already determined the punishment by fully taking into account all the circumstances that the Defendant asserts as the grounds for appeal.

Even if the defendant was punished several times for the same kind of crime, and the period of probation due to the same crime has expired immediately after the end of the period of probation, and the other all of the sentencing conditions indicated in the records, including the circumstances of the crime in this case, are reviewed once again, the sentence of the court below seems to be within the reasonable scope of sentencing.

Defendant’s assertion is not 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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