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(영문) 의정부지방법원 2020.10.23 2020노1122
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is recognized that the Defendant is against the recognition of each of the instant crimes, and the driving distance is not relatively short of 150 meters.

However, each of the crimes of this case is that the defendant driven a ATV 4-wheeled motor vehicle without a driver's license who was under the influence of alcohol and has a poor quality in light of the circumstances and contents of the crime. The blood alcohol level of this case is 0.237%, and the drinking driving of this case needs to be strict in consideration of social danger and harm to the defendant's life and body, and the defendant has committed the crime four times as a crime with the same drinking driving and refusal to measure drinking after 203, four times as a crime without a driver's license (the three times as it was discovered together with drinking or refusal to measure drinking), four months as a crime of violating the Guarantee of Automobile Accident Compensation Act (the three times as it was discovered together with drinking or refusal to measure drinking), and the defendant has been sentenced one time as a fine for a violation of the Automobile Accident Compensation Act on around 2018 without being aware that he was sentenced six months of imprisonment and two years of suspension of execution, each of the crimes in this case during the suspension period, whether the defendant observe traffic order, his age or not there is any special doubt of change in circumstances.

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