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(영문) 수원지방법원 2019.09.06 2019노3963
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 grounds for sentencing revealed in the oral proceedings of the instant case, the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion, because the sentencing of the lower court is too excessive, and there is no significant change in the conditions of sentencing compared with the lower court, and comprehensively taking account of all of the reasons for sentencing (the interview and interview is driving without a license for drinking and without a license, the circumstances leading up to driving under the influence of drinking, the circumstance leading up to driving under the influence of drinking, and the fact that blood alcohol concentration is very high).

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

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