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(영문) 수원지방법원 2019.05.15 2018노7858

도로교통법위반(음주운전)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment of the lower court (a fine of KRW 10,000,000) is too unreasonable.

Prosecutor: The sentence of the court below is too uneased and unreasonable.

2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness on the market, has a unique area of sentencing in the first instance, 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). There is no significant change in the conditions of sentencing compared to the original judgment as the materials for new sentencing have not been submitted in the trial. Comprehensively taking account of all the reasons for sentencing revealed in the proceedings of the instant case, the lower court’s sentencing is too weak or unaffortable to be exceeded the reasonable scope of discretion.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.