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(영문) 대전지방법원 2018.08.31 2017노3377
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment, two hundred hours of community service, and forty hours of lecture of compliance driving) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant is seeking a reduction or exemption of the hours of community service and compliance with the law.

Social service order

In the process of implementation, there may be difficulties of the defendant's workplace life.

However, in full view of the contents of the instant crime and the Defendant’s records of the same crime (the Defendant has been under the influence of drinking, even in the case where a summary order has been requested due to drinking driving), the criminal guilty by having him/her lead a normal social life in lieu of custody in prison, and by having him/her serve without compensation for a certain period, and the purport of the community service order system that conducts compensation and belonging to society, the function of reconciliation with society, and the purpose of the community service order system that conducts social service, the detailed method and time of community service and the competent protection observation office may determine flexibly in consideration of the Defendant’s health condition at the execution stage, and the economic condition, it cannot be said that the lower court’s punishment that added the order to attend the community service order and the order to observe the law is too unreasonable because it is too unreasonable.

The defendant's argument of sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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