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(영문) 수원지방법원 2020.02.14 2019노5699

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the following: (a) there is no change in the conditions of sentencing compared to the lower court’s failure to submit new sentencing data at the trial; and (b) the reasons for sentencing revealed in the process of the pleadings of the instant case (in particular, the fact that the Defendant was punished three times for the same kind of crime; and (c) the fact that the Defendant was sentenced to suspended sentence for the same crime on May 23, 2019; and (d) the lower court committed the instant crime again on May 23, 2019 cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.