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(영문) 수원지방법원 2019.04.26 2018노6302
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (two months of imprisonment, two years of suspended execution, two years of order to attend a lecture, and order to provide community service) 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 all of the reasons for sentencing revealed in the proceedings of the instant case (i.e., the occurrence of an accident resulting from the concealment of the fact of drunk driving, in particular, and (ii) the occurrence of a false statement that he/she had driven, the sentencing of the lower court exceeded the reasonable scope of discretion because it is too difficult to deem 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.

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