(영문) 의정부지방법원 2020.04.03 2019노3217

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.04.03 2019노3217

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two months) of the lower court 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). The Defendant’s recognition of the instant crime is contrary to the recognition, and the Defendant appears to have been under the control while driving while driving the water after drinking, and there are some circumstances to take into account the circumstances leading up to the instant crime.

However, the crime of this case is an unfavorable circumstance that the defendant is driving under the influence of alcohol without obtaining a driver's license with a blood alcohol level of 0.185% and is not good in light of the social danger and harm of drinking driving. The defendant has been punished seven times (four times of fine, two times of suspended sentence of imprisonment, one time of suspended sentence of imprisonment) by the same crime, and in particular, the defendant committed the crime of this case during the suspended sentence of imprisonment with prison labor due to the crime of drinking driving in 2017.

The court below determined punishment in consideration of all the above circumstances, and there is no change in the sentencing conditions different from those of the court below in the judgment following the pronouncement of the court below.

In addition, taking into account all the factors of sentencing as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, and equity in sentencing, etc., it cannot be deemed that the lower court’s punishment is unreasonable because it goes beyond the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. Thus, the defendant's appeal is correct.

참조판례

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

유사 판례

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