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(영문) 수원지방법원 2019.07.10 2019노2144
특정범죄가중처벌등에관한법률위반(도주치상)등
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, 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 full view of the reasons for sentencing revealed in the proceedings of the instant case, the lower court’s sentencing is too unreasonable and thus, it cannot be deemed that the lower court’s sentencing exceeded the reasonable scope of discretion, taking account of all of the following factors: (a) the reason for sentencing revealed in the proceedings of the instant case (the Defendant, while driving a vehicle in a state of drinking without a license, caused a traffic accident while driving a vehicle in a state of drinking; (b) the Defendant escaped from the site; (c) the victims have not been agreed upon; (d) the Defendant was punished four times due to a drunk driving; and (d) the Defendant was sentenced to a suspended sentence of imprisonment on May 21, 2015.

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.

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