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(영문) 수원지방법원 2019.11.22 2019노5492
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 imprisonment (four months of imprisonment) 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 the reasons for sentencing revealed in the oral argument of the instant case (in particular, while a criminal trial was conducted due to the previous driving without a license, it cannot be said that the sentencing of the lower court is too unreasonable to have exceeded the reasonable scope of discretion, and thus, it cannot be said that there was no significant change in the conditions of sentencing compared with the lower court.

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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