logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.01.17 2019노5886
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the original court’s imprisonment (one year and six 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). No change is made in the conditions of sentencing compared to the original judgment because a special new sentencing data was not submitted in the trial at the trial, and the sentencing grounds revealed in the proceedings of the instant case (in particular, the Defendant did not have been aware of the history of having been punished several times due to drinking driving, etc., and carried out drinking driving on May 23, 2019 during the period of repeated crimes, and the Defendant did so during the period of repeated crimes. In addition, the lower court’s sentencing is too excessive and cannot be deemed to have exceeded the reasonable scope of discretion, and thus, it cannot be deemed that the lower court exceeded the reasonable scope of 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.

arrow