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(영문) 수원지방법원 2019.08.14 2019노2670
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, one year of suspended sentence, one year of community service order and order to attend lectures) is too unreasonable; and

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 following: (a) there is no significant change in the conditions of sentencing compared to the lower court’s given that there is no particular submission of new sentencing data in the trial; and (b) the grounds for sentencing revealed in the course of the argument in the instant case (in particular, there was a history of punishment subject to a fine several times in the same kind of crime) in full, the lower court’s sentencing is too unreasonable to be beyond the reasonable scope of discretion

3. The appeal by the defendant is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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