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(영문) 부산지방법원 2018.01.12 2016노4846

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. It is recognized that the judgment defendant led to the confession of the crime and repented his mistake.

However, considering the fact that the Defendant had been punished several times due to drinking driving and driving without a license, the distance of drinking driving is about 3 km, drinking volume (0.078%) and other sentencing conditions specified in the argument of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.