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(영문) 수원지방법원 2020.08.14 2020노1694
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal: Unfair sentencing

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 this case, there is no particular change in the sentencing conditions compared to the original judgment.

Although the Defendant has the same kind of fine twice, considering the following factors: (a) the background and content of the instant crime; (b) the distance of movement is extremely shorter; (c) the circumstances after the instant crime; and (d) the age, occupation, family relationship, and economic form of the Defendant; and (c) all the sentencing conditions indicated in the arguments and records of the instant case, it is not recognized that the lower court’s sentencing that sentenced the Defendant to a fine of KRW 8 million is too unfluent and thus, exceeded the reasonable

3. Accordingly, the prosecutor's appeal cannot be accepted, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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