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(영문) 수원지방법원 2020.10.16 2020노3431

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal is that the original court’s punishment (one year and six months 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. As such, in full view of the following: (a) the circumstance leading up to and the degree of blood alcohol concentration; (b) the blood alcohol level; (c) the driving distance of alcohol; (d) five times for a drunk driving; and (e) the criminal punishment of the instant crime during the same type of repeated offense period; and (b) the Defendant committed the instant crime during the period of the same repeated offense; and (c) the sentencing conditions indicated in the arguments and records, such as the Defendant’s criminal record and the criminal records, the lower court’s sentence is too

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.