(영문) 창원지방법원 2020.12.03 2020노2072 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2020.12.03 2020노2072

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant acknowledges and reflects his/her mistake, and that the Defendant agreed with the victim of special property damage and the victim of residential intrusion at the stage of investigation is favorable to the Defendant.

However, the defendant had the history of punishment several times including the suspended sentence of imprisonment due to the same crime, and in particular, even though he was punished by a fine due to the crime of property damage, etc. during the suspended sentence due to the crime of obstruction of performance of official duties, driving under drinking on two occasions without being aware of the punishment, and making a false statement, causing multiple police officers and fire officers to intrude into the victim's residence, and damaging the victim's vehicle by taking the victim's vehicle into account the circumstances and result of the crime, the nature and liability of the crime are not very good in light of the crime, but the victim's agreement seems to not actually have been restored. In full view of all the sentencing conditions indicated in the arguments, such as the defendant's age, character, environment, background and consequence of the crime, blood alcohol concentration, driving distance, and circumstances after the crime, etc., the sentencing of the court below seems to have been made within the reasonable scope of discretion, and it cannot be found that there is no special reason to change the sentencing of the court below.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is without merit.

참조조문

-형사소송법

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

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