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(영문) 부산지방법원 2017.06.23 2017노1194

도로교통법위반(음주운전)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that the defendant and the prosecutor committed each of the crimes of this case at the same time without being aware of the period of suspension of execution due to driving under drinking, as well as the fact that the defendant committed each of the crimes of this case at the same time without being aware of the period of suspension of execution due to driving under drinking.

However, considering all of the sentencing conditions stated in the pleadings of this case, such as the fact that the defendant repents his mistake, drinking alcohol level (0.084% alcohol level in blood), and other factors such as the defendant's age, sexual conduct, environment, motive, means and consequence of each of the crimes of this case, the circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed to be appropriate, too heavy, or unfair because it is too excessive.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act: Provided, That since the summary of evidence in the judgment of the court below is obvious that the report of investigation (report on the result of confirmation of the previous conviction in the judgment of the court below) is a clerical error in the “report on the result of confirmation of the previous conviction in the disposition”, it is corrected to correct it ex officio in accordance with Article