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(영문) 수원지방법원 2021.02.17 2020노6908

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. The Criminal Procedure Act of Korea, which takes the principle of court-oriented trials and the principle of direct determination, has the unique area of the first instance in the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In the instant case, there is no change in the sentencing conditions compared to the lower court’s judgment, there was no change in the sentencing conditions. As such, there was no change in the circumstances of drinking, driving without a license, driving without a license, driving distance, driving at least four times, and three times of punishment due to a non-licenseing driving, and in particular, even if a person was sentenced to a suspended sentence of imprisonment with prison labor due to a non-license driving on around 2017, the lower court’s judgment is deemed to have 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 on the grounds that the defendant's appeal is without merit.