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(영문) 수원지방법원 2020.02.14 2019노6935
도로교통법위반(무면허운전)
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 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 (in particular, the fact that the Defendant was sentenced to a suspended sentence of imprisonment for the same kind of crime on January 30, 2018, and the fact that the Defendant was engaged in driving without the instant license during the suspended sentence period without being aware of the fact that he/she had been sentenced to a suspended sentence of imprisonment on several occasions, and that the sentencing of the lower court exceeded the reasonable scope of discretion because it is too difficult to view that the sentencing of the lower court exceeded the reasonable scope of discretion.

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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