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(영문) 제주지방법원 2017.01.12 2016노646
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. Under our criminal litigation law taking the principle of court-oriented trials and directness, where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (Supreme Court Decision 2015Do3260 Decided July 23, 2015). Although the Defendant appears in an attitude to recognize and reflect each of the instant crimes, he/she has the history of having been sentenced several times of criminal punishment for the same type of crime even before the instant case, and in particular, he/she committed each of the instant crimes by having been sentenced six months of imprisonment with prison labor on May 31, 2012, and having been sentenced for violation of the Road Traffic Act (unlicensed Driving) and having been sentenced for six months, and having been sentenced for the enforcement of the said sentence completed on September 29, 2013, the lower court did not appear to have committed any of the instant crimes in excess of the reasonable scope of sentencing, such as the Defendant’s motive for and discretion after the instant crime.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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