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(영문) 수원지방법원 2019.07.10 2019노2562
도로교통법위반(음주운전)등
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 did not change the conditions of sentencing compared to the lower court on the grounds that no particular new sentencing data was submitted in the trial, and the reasons for sentencing revealed in the proceedings of the instant case (in particular, there was a history that the Defendant was punished for the same kind of crime several times, and the Defendant was sentenced to the suspension of the execution of imprisonment due to drinking and driving without license on June 20, 2013, and was engaged in the instant drinking and driving without license, and the blood alcohol concentration at the time of committing the instant crime was considerably high to 0.21%, it cannot be deemed that the lower court’s sentencing was too excessive and 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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