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(영문) 의정부지방법원 2019.10.17 2019노935
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than 10 months) by the court below is too unreasonable.

2. As to the determination of sentencing, it is reasonable to respect the sentencing of the first instance court in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, since the first instance court’s inherent area exists in the determination of sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There are extenuating circumstances, such as: (a) the confession of the instant crime and reflectiveness; (b) the distance from driving under the influence of alcohol is not long; (c) the status of support for the spouse and the young children; (d) the residence in a rental house; and (e) the fact that the young people have social ties, such as the birth of their wife; and (e) the fact that they have social ties.

However, the Defendant had already been punished twice in 2015 and 2017, and in particular, in 2017, the Defendant was sentenced to a suspended sentence (including probation) by causing a traffic accident while driving under the influence of alcohol and causing injury to the victim. However, the Defendant’s assertion is not accepted on the grounds that the Defendant’s punishment is beyond the scope of reasonable discretion, or is too unfair because it is not found that the Defendant’s punishment is beyond the scope of reasonable discretion, and there is no circumstance to newly consider it in the trial.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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