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(영문) 청주지방법원 2019.06.14 2019노472
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.

The defendant is against all criminal acts, and is a person with a disability of class 3 of intellectual disability.

The victim of illegal use of cars does not want to punish the defendant.

However, the Defendant committed the instant crime again during the period of the suspension of the execution of imprisonment with prison labor for special larceny on three occasions, and the responsibility for the instant crime is heavy.

Blood alcohol concentration is not lower than 0.11%.

In addition, considering the defendant's age, character and conduct, environment, family relation, etc. and various conditions of sentencing indicated in the arguments and records, it cannot be deemed that the court below's punishment is too heavy beyond the reasonable limit of discretion.

3. 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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