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(영문) 수원지방법원 2020.01.15 2019노6250
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 (eight 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). In full view of the reasons for sentencing revealed in the proceedings of the instant case (in particular, the defendant has been punished for the same kind of crime, and the fact that the defendant is a repeated offender) as well as all of the reasons for sentencing revealed in the proceedings of the instant case, the sentencing of the lower court is too unreasonable and is beyond the reasonable scope of discretion.

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

[However, it is clear that the "fine 1.5 million won" in the second half of the judgment of the court below is a clerical error in the "fine 5 million won", and it shall be corrected in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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