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(영문) 수원지방법원 2019.11.22 2019노5303
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution) of 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). It cannot be deemed that the sentencing of the lower court is too excessive and exceeded the reasonable scope of discretion, taking full account of the following: (a) there was no change in the conditions of sentencing compared to the lower court’s failure to submit new sentencing data in the trial; and (b) the reason for sentencing revealed in the process of the argument in the instant case (the fact that there was a history of being punished four times for the same criminal act; and (c) the reason for sentencing revealed in the process of the instant argument (the fact that a person was being aware of the fact that he/she was undergoing investigation on the

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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