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(영문) 수원지방법원 2019.08.14 2019노3348
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (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). The court below’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion because it is too vague, considering the following: (a) there is no change in the conditions of sentencing compared to the court below since the materials for new sentencing have not been submitted in the trial; and (b) the grounds for sentencing revealed in the proceedings of the instant case (in particular, there was a history that the Defendant was punished several times due to drinking or non-licensed driving; and (c) the driving of the instant drinking or non-licensed driving among the Do which was tried without a license without a license.

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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