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(영문) 서울북부지방법원 2020.12.10 2020노973
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court against the Defendant is too unreasonable.

2. The lower court, based on the following circumstances: (a) the Defendant driven a motorcycle while drinking without a driver’s license; (b) the Defendant was punished for driving without a driver’s license in 2015; (c) on the other hand, the Defendant did not have any record of being punished for driving without a driver’s license in 2015; and (d) the driving distance is short; and (c) the sentencing guidelines based on the drinking alcohol level in the instant case and other factors, including the Defendant’s age, character and behavior, the background of the crime, and the circumstances after the crime, and the sentencing conditions

However, in full view of the fact that the grounds for sentencing alleged by the Defendant in the trial of the original instance appear to have been considered in the sentencing, and that the original court, considering this, imposed a punishment partially reduced by a fine under the original summary order against the Defendant, there is no new change in circumstances to be considered in the sentencing after the sentence of the lower judgment, compared with the first instance court, there is no change in the conditions for sentencing, and that it is reasonable to respect the sentencing of the first instance court where the sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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