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(영문) 청주지방법원 2020.06.05 2020노338
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year 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 lower court sentenced the Defendant to one year of imprisonment with labor, which is lower than the minimum statutory penalty, by taking account of the favorable and unfavorable circumstances to the Defendant.

In full view of the favorable circumstances, such as the fact that the defendant's mistake and reflects, but the history of criminal punishment for drunk driving is possible several times, the unfavorable circumstances, such as the fact that the defendant left for each of the crimes of this case without being aware of the period of suspension of execution due to the same kind of crime, and all other factors of sentencing as shown in the records and arguments, such as the defendant's age, character and character, and environment, the sentence of the court below is too heavy beyond the reasonable limit of discretion.

3. As such, 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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