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(영문) 수원지방법원 2020.05.13 2020노793

도로교통법위반(음주운전)

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 in the first instance court, 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 sentencing conditions compared to the lower court’s judgment. In full view of the following: (a) the circumstance and circumstance of a drunk driving; (b) the degree of blood alcohol concentration; (c) twice for a drunk driving; (d) the fact that the Defendant had been punished three times for a non-exclusive license, including a suspended sentence; and (e) the conditions of the pleadings and the records of the instant case, including the Defendant’s age and a prison environment, the lower court’s sentence is too unreasonable and it is not recognized that the Defendant exceeded

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.