beta
(영문) 부산지방법원 2017.06.09 2017노1163

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the defendant repents his mistake.

However, the Defendant was sentenced to a fine and a suspended sentence for a total amount of time, and there was a record of being punished several times due to driving of drinking, and the Defendant committed the instant crime without being aware of the period of suspension of execution due to interference with the performance of official duties, etc., and the blood alcohol concentration at 0.127% higher, and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the instant crime, are not deemed to be unfair as the lower court’s punishment is too too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench. However, since the phrase “as of February 7, 2010,” among the judgment of the court below, “as of April 5, 2010” and “as of March 24, 2012,” respectively, is obvious that the phrase “as of June 13, 2012,” the phrase “as of June 13, 2012.”