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(영문) 의정부지방법원 2021.02.10 2020노2824
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court. Although the sentence of the first instance falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the first instance court on the sole ground of the difference between the opinion of the appellate court and the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). There are favorable circumstances such as the fact that the Defendant recognized the instant crime, while recognizing the instant crime, is against the Defendant, and that the family and the person wishing to have the preference, etc., are relatively clear.

However, the Defendant committed each of the instant crimes even though he/she had been subject to criminal punishment on three occasions due to the previous criminal acts of the same kind (two times of punishment, suspension of the execution of imprisonment, one time of suspension of the sentence), and repeatedly committed the crime of drinking or non-licensed driving under the lower judgment 2020 highest level of 2089 (201.13% and 09%), and repeatedly without being aware of the fact that the Defendant had been subject to criminal punishment on three occasions due to the previous criminal acts of the same kind, and repeatedly committed the crime of drinking or non-licensed driving under the lower judgment (the Defendant alleged that the Defendant was not intentionally absent from the trial in the case of the lower court 2019 high group of 34777). However, the Defendant was aware that he/she received the summons notice of the instant case and carried out drinking again, and that he/she did not have any special danger and injury to another person’s life or body, and that there was no need to change his/her body level of alcohol (0.13% and 97 meters).

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