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(영문) 수원지방법원 2020.01.10 2019노6155
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(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 committed a crime repeatedly within a short time despite the fact that he/she had been punished for the same kind of crime) as the lower court’s submission of new sentencing data at the trial, there is no change in the conditions of sentencing compared with the lower court. In so doing, the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion because it is too vague.

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

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