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(영문) 수원지방법원 2019.09.20 2019노1960
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared to the original judgment because new sentencing materials have not been submitted at the trial court. In full view of the reasons for sentencing revealed in the proceedings of the instant case (in particular, the Defendant committed the instant crime without being aware of the period of suspension of execution due to the same kind of crime) and all of the reasons for sentencing revealed in the proceedings of the instant case, it cannot be deemed that the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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