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(영문) 대전지방법원 2020.11.04 2020노2917
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant supports two children after the spouse is divorced from his spouse and is not in a healthy condition. Considering the fact of the crime of this case, the defendant's mistake is seriously against himself while committing the crime of this case, and there are circumstances to consider the circumstances leading to drinking driving, the sentence of the court below (one year of imprisonment) is too unreasonable.

2. The current Criminal Procedure Act, which takes the principle of trial-oriented and directness, has the unique area of the first instance court with respect to sentencing determination. Therefore, it is reasonable to respect the first instance court’s sentencing determination in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined the sentence by sufficiently taking into account the above favorable circumstances alleged in the first instance court. In so doing, the lower court did not take full account of the following facts: (a) the Defendant, who had been punished several times, including the suspension of execution, due to the crime of violation of the Road Traffic Act due to drinking driving as in the instant case, was under the suspension of sentence due to the crime of this case, even though it is highly likely to criticize the Defendant, even though it was under the suspension period of execution; and (b) there are no special changes in circumstances to change after the lower court’s sentencing after the judgment.

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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