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(영문) 수원지방법원 2019.07.10 2019노2357
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). In full view of the reasons for sentencing revealed in the proceedings of the instant case, the lower court’s sentencing is too excessive and thus, it cannot be deemed that the lower court’s sentencing exceeded the reasonable scope of discretion, taking account of the following: (a) there was no change in the conditions of sentencing compared with the lower court’s failure to submit any new sentencing data; and (b) the reasons for sentencing revealed in the proceedings of the instant case (in particular, there was a history of having been punished several times for the same kind of crime; and (c) on July 17, 2014, a traffic accident causing an injury to the victim was committed without being aware of the fact that the victim was sentenced to suspended sentence of imprisonment

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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