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(영문) 청주지방법원 2020.09.25 2020노949
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal 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). The fact that a defendant reflects on his/her gender is favorable to the defendant.

However, this situation seems to be reflected in the sentencing as it appears in the court below.

In full view of the fact that a person committed a crime during the period of the same suspension of execution, the motive and background of the crime, the means of the crime, the age, character and conduct, environment and family relations of the defendant, as well as various conditions of sentencing as shown in the arguments and records, it cannot be deemed that the lower court’s sentence of imprisonment with prison labor equivalent to the lowest punishment is unreasonable because it goes beyond the reasonable 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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