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(영문) 수원지방법원 2020.01.17 2019노6372
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 (six 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). The sentencing of the court below is too unreasonable and it cannot be deemed that the sentencing of the court below exceeded the reasonable scope of discretion, taking full account of the following: (a) there was no change in the conditions of sentencing compared to the court below since new sentencing materials have not been submitted in the trial; and (b) the reasons for sentencing revealed in the pleadings in the instant case (in particular, there was three times of punishment due to drinking driving, etc.; and (c) on March 25, 2016, by causing a traffic accident due to a gross negligence near the central line while driving under influence of alcohol, which caused a traffic accident, and (d) the victim was sentenced to a suspended sentence of imprisonment with prison labor for up to 14 weeks.

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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