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(영문) 부산지방법원 2019.09.19 2019노1405

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (six months of imprisonment) shall be too vague and unfair.

2. Determination

A. According to the records, the court below determined the punishment by taking into account various factors of sentencing, such as the fact that a mistake is divided and reflected, the records of punishment for the same kind of crime are several times, the blood alcohol concentration level, health condition, etc.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

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