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(영문) 수원지방법원 2020.11.13 2020노3769

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing 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). In the instant case, there is no particular change in the sentencing conditions compared to the lower court’s judgment. In full view of the following: (a) the circumstance and circumstances of driving without a license for drinking alcohol; (b) the degree of blood alcohol concentration; (c) the driving distance; and (d) the fact that the instant crime was repeatedly committed during the period of suspension of execution due to the same kind of crime; and (b) the sentencing conditions and the records of the instant case, including the Defendant’s criminal record and the criminal records, the lower court’s punishment is too excessive and it is not recognized that the lower court exceeded the reasonable scope of discretion.

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.