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(영문) 창원지방법원 2020.12.03 2020노2055
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal 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 there is a family member to support is favorable to the Defendant.

However, the defendant has been punished several times due to the same crime, including the suspended sentence of imprisonment, and in particular, even though he was sentenced to a fine on one occasion due to the crime of violation of the Road Traffic Act (non-licensed driving) and was sentenced to a fine on one occasion due to driving under drinking and non-licensed driving, the crime is not less and less that the crime is committed, taking into account the defendant's age, character and behavior, environment, background and background of the crime, means and result, blood alcohol concentration, driving distance, circumstances after the crime, etc., the sentencing of the court below is deemed to have been conducted within the reasonable scope of discretion by taking into account all the factors of the sentencing specified in the arguments, such as the defendant's age, character and behavior, environment, circumstances, means and consequence, blood alcohol concentration, driving distance, and circumstances after the crime. Thus, there is no special circumstance to change the sentencing of the court below. Thus, it cannot be deemed that the sentence of the court below is unfair because

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

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

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