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(영문) 수원지방법원 2020.10.16 2020노3181

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of KRW 3.5 million) 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, it is not recognized that the lower court’s sentence was too excessive and exceeded the reasonable scope of discretion, in full view of the following: (a) the circumstance and circumstances of a drunk driving; (b) the degree of blood alcohol concentration; (c) the distance of a drunk driving; and (d) the Defendant was sentenced to a suspended sentence of imprisonment with prison labor; (b) however, it is impossible to change the sentence to the suspended sentence of imprisonment with prison labor, which is a higher punishment that the Defendant appealed under the principle prohibiting disadvantageous change; and (c) all the sentencing conditions indicated

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.