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(영문) 제주지방법원 2017.01.19 2016노342

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In addition, the Defendant had the record of criminal punishment several times for the same crime, and in particular, the Defendant committed each of the crimes in this case during the period of repeated crimes after he was released after being sentenced to punishment due to a crime of violating the Road Traffic Act, etc., but the Defendant appears to have committed each of the crimes in this case at a disadvantage to the Defendant, on the other hand, while the Defendant was admitted to and against each of the crimes in this case. The Defendant did not suffer any criminal punishment for about two years after the expiration of the period of parole; the Defendant did not appear to have been subject to any reasonable punishment for the Defendant’s age, sex, environment, motive and method of each of the crimes in this case;

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.