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(영문) 수원지방법원 2020.01.17 2019노6157

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 full view of the reasons for sentencing revealed in the proceedings of the instant case (in particular, the Defendant was punished three times due to drinking driving, etc., and the Defendant was not aware of the fact that he/she was sentenced to the suspension of the execution of imprisonment due to drinking driving on August 8, 2017, and was engaged in drinking and unlicensed driving during the suspension of the execution period), the sentencing of the lower court is too excessive, and thus, it cannot be deemed that the sentencing of 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.