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(영문) 대전지방법원 2020.01.15 2019노1158
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (7 million won of fine) imposed by the court below on the defendant 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 lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing, including the following: (a) the Defendant’s criminal intent is against himself/herself; (b) he/she has no criminal record exceeding the fine; (c) the Defendant’s blood alcohol content is very high; and (d) the Defendant’s blood alcohol content is very high; and (c) there is no circumstance to be newly considered in the trial; and (d) there is no other circumstance to be newly considered in the trial of the sentencing of the lower court, such as the motive, means, and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to be excessively excessive

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

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