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(영문) 수원지방법원 2019.11.22 2019노5015
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight 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). There is no change in the conditions of sentencing compared to the original judgment because any particular new sentencing data is not submitted in the trial of the competent court. In full view of the reasons for sentencing revealed in the pleadings of the instant case (in particular, the criminal records of the Defendant are five times or more for the same type of crime, and the criminal records of the same type of crime are reasonable, and on June 12, 2012, the Defendant committed the instant crime even though he/she had been sentenced to two years of suspended sentence for six months of imprisonment due to drinking driving, etc., and the blood alcohol content at the time of the instant case is 0.161% or more, and it cannot be deemed that the sentencing of the lower court exceeded the reasonable scope of discretion.

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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