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(영문) 수원지방법원 2021.01.15 2020노4984
도로교통법위반(음주운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (an amount of KRW 10 million) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. We examine both the judgment and the prosecutor’s improper arguments.

In our criminal litigation law, which takes the principle of trial-oriented and directness, there exists no change in the conditions of sentencing compared to the first instance court, and in the event that the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no particular change in the sentencing conditions compared to the lower court’s judgment. As such, there is no particular change in the sentencing conditions compared to the circumstances and circumstances of drinking driving, the degree of alcohol concentration in blood, driving distance, drinking driving, and drinking, and there was no past record, and there is no other past record. In full view of the following circumstances, the lower court’s punishment was too heavy or exceeded the reasonable scope of discretion, including the Defendant’s character and behavior environment, etc.

All the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit.

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