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(영문) 수원지방법원 2019.07.10 2019노1925
도로교통법위반(음주운전)
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 in the trial of the competent court. In full view of all of the reasons for sentencing revealed in the proceedings of the instant case (in particular, the fact that the Defendant was sentenced to the suspension of the execution of imprisonment for the same kind of crime, including the fact that the Defendant was sentenced to the suspension of the execution of imprisonment for the same crime), the sentencing of the lower court is too unreasonable to have 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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