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(영문) 수원지방법원 2019.07.10 2019노2650
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's punishment (four months of imprisonment) is too unreasonable.

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 full view of the reasons for sentencing revealed in the proceedings of the instant case (in particular, the Defendant had been sentenced to a suspended sentence due to driving without a license, and the Defendant was sentenced to a suspended sentence on November 15, 2018, and the Defendant was sentenced to a suspended sentence due to driving without a license) revealed that the sentencing of the lower court exceeded the reasonable scope of the discretion because it is too excessive, and thus, cannot be deemed that the sentencing of the lower court exceeded the reasonable scope of the discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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