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(영문) 수원지방법원 2019.11.22 2019노3315
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment with prison labor for four months and one year of suspended execution) 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 following: (a) there is no change in the conditions of sentencing compared to the lower court’s given that there is no particular new sentencing data in the trial; and (b) the sentencing grounds (in particular, the Defendant was at the suspension of execution due to the violation of the Road Traffic Act (i.e., a violation of the Road Traffic Act) revealed in the hearing process of the instant case; and (c) there was a history of being punished several times due to driving without a license and driving without a license; and (d) the lower court’s sentencing is too large to have 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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