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(영문) 수원지방법원 2019.08.14 2019노2029
도로교통법위반(사고후미조치)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 (one year of imprisonment, three years of suspended execution, and two hundred hours of community service order) 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). As a result, there is no change in the conditions of sentencing compared to the lower court, and comprehensively taking account of all of the reasons for sentencing (in particular, the fact that the Defendant was driving in a drinking state, escaped from an accident, and refused to take a drinking test) revealed in the proceedings of the instant case, the lower court’s sentencing is too unreasonable, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

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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