logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.09.06 2019노4108
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (limited to four months of imprisonment, a fine of 100,000 won) 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). In full view of the reasons for sentencing revealed in the proceedings of the instant case, the lower court’s sentencing is too unreasonable, and there is no change in the terms and conditions of sentencing compared to the lower court, and the reasons for sentencing revealed in the proceedings of the instant case (the fact that the Defendant has a history of being punished several times for the same crime; in particular, even if the Defendant was sentenced to a fine and a suspended sentence of imprisonment by using the same vehicle on the grounds that he/she driven a 2 cargo vehicle without a driver’s license on September 26, 2014 and December 24, 2014, the Defendant committed the instant crime by using the same vehicle without a driver’s license) cannot be deemed 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.

arrow