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(영문) 수원지방법원 2019.06.12 2019노1894
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too 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 on the grounds that the new sentencing data was not submitted in the trial of the competent court. In full view of the reasons for sentencing revealed in the pleadings of the instant case (the Defendant was sentenced to a suspended sentence for a period of 2014 due to drinking driving, etc., and was sentenced to a fine for a drinking driving in 2017, but was sentenced to a fine for a drinking driving in 2017), the sentencing of the lower court is too large, and thus, it cannot be said that the lower court exceeded the reasonable scope of discretion.

3. The appeal by the defendant is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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