logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.07.10 2019노2183
도로교통법위반(음주운전)
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). As a result, there is no special submission of new sentencing data in the trial court, and there is no significant change in the conditions of sentencing compared to the original judgment. In full view of all of the reasons for sentencing (the blood alcohol concentration is high and the fact that the sentence was sentenced to the same kind of crime) revealed in the process of the argument in the instant case, the sentencing of the lower court is too excessive, and it cannot be said that the sentencing of 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.

arrow