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(영문) 수원지방법원 2019.10.11 2019노4195
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four 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). In full view of the reasons for sentencing revealed in the oral proceedings of the instant case (the defendant has been punished several times for the same crime, and in particular, the defendant was engaged in driving without a license without being aware of the fact that he/she was under suspension of the execution of the same crime), the sentencing of the lower court is too excessive and so it cannot be said that the sentencing of the lower court exceeded the reasonable scope of discretion.

3. The appeal by the defendant is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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