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(영문) 수원지방법원 2021.02.17 2020노7059
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unfluened and unreasonable.

2. In our criminal litigation law, which takes the principle of trial-oriented and directness, there exists no change in the conditions of sentencing compared to the first instance court in the determination of sentencing, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no change in the sentencing conditions compared to the lower court’s judgment, as there is no particular change in the sentencing conditions, the lower court’s sentence is deemed to have exceeded the reasonable scope of discretion, taking full account of the following factors: (a) alcohol, the circumstance and circumstance leading up to driving without a license; (b) degree of alcohol concentration in blood alcohol; (c) driving distance; and (d) driving a fine twice due to a traffic accident after being sentenced to a suspended sentence of imprisonment due to a traffic accident; (d) the sentence of the said imprisonment already revoked; and (e) the Defendant’s previous conviction, age, character, and environment; and the records of this case.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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