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(영문) 서울중앙지방법원 2020.11.25 2020노2005
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, two years of suspended execution, two-hour community service, and forty hours of lawful driving class) is too heavy in light of the following: (a) where a suspended sentence of imprisonment imposed by the lower court becomes final and conclusive, the Defendant cannot be an officer or employee of the organization established under the lead of the Defendant; and (b) the Defendant is against a criminal act and there is no risk of recidivism.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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). Based on the foregoing legal doctrine, there is no particular change in the sentencing conditions compared to the lower court’s judgment, and comprehensively considering the factors revealed in the proceedings of the instant case, the lower court’s sentencing is too too unreasonable, and thus, does not seem to have exceeded the reasonable scope of discretion.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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