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(영문) 인천지방법원 2021.03.19 2020노3595
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (one year of imprisonment and a fine of two hundred thousand won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, the lower court, taking into account the following factors, sentenced the Defendant to one year imprisonment with prison labor for a period of two years, which is the lowest sentence of the applicable sentencing in law, with regard to driving alcohol, by reducing the amount of imprisonment with labor for a period of two years, which is the minimum sentence of the applicable sentencing in law, and the Defendant was sentenced to a suspended sentence of imprisonment with prison labor due to a refusal to measure drinking in the year 2018, deeming that it is not appropriate to sentence a suspended sentence again. Therefore, it is not recognized that the sentence imposed by the lower court is too unreasonable

Therefore, the defendant's argument of sentencing is not accepted.

3. In conclusion, 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 without merit.

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