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(영문) 제주지방법원 2017.09.14 2017노396
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, 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 the determination of sentencing (Supreme Court Decision 2015Do3260 Decided July 23, 2015). Even though the Defendant appears to have recognized and reflected each of the instant crimes, the lower court appears to have determined the Defendant’s punishment in light of the aforementioned circumstances, and there is no change of circumstances that may be considered in sentencing after the sentence was sentenced, and the Defendant was sentenced to a suspended sentence for ten months on October 28, 2016 due to a violation of the Road Traffic Act (driving), and the Defendant committed each of the instant crimes during the period of suspended sentence finalized on November 5, 2016, and each of the instant crimes was committed in excess of the reasonable scope of the Defendant’s respective motive and influence during which the Defendant was subject to criminal punishment prior to driving, and all of the instant crimes.

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

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