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(영문) 수원지방법원 2019.03.29 2019노514
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment and four months of imprisonment with prison labor for the crime No. 1 and No. 2) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness on the market, has a unique area of sentencing in the first instance, 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 proceedings of the instant case, the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too excessive, and thus, it cannot be deemed that the lower court’s sentencing exceeded the reasonable scope of discretion, considering the following: (a) the grounds for sentencing revealed in the proceedings of the instant case (in particular, the Defendant, despite having a history of punishment for the same kind of crime, has caused a traffic accident again; and (b) he/she was in the period of suspension of execution due to a crime committed against the same type of crime; and (c) he/she was present at the prosecutor’s office to investigate the instant case of violation of the Road Traffic Act (Refusal of Drinking Measures)

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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