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(영문) 부산고등법원 (창원) 2013.06.21 2013노3

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (two years of suspended execution for six months of imprisonment, and one hundred and twenty hours of the community service order) is too unreasonable; and

2. Recognizing that the Defendant recognized the instant crime, there is a favorable sentencing factor, such as the fact that the Defendant is against his own will, and that female friendlys are facing his father, and that it appears that she would have committed the instant crime, and that she would have avoided the instant crime.

However, on June 8, 2009, when the Changwon District Court was sentenced to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act (driving) at the Changwon District Court on May 9, 201, when the same court was sentenced to a fine of KRW 1,500,000 as a crime of violation of the Road Traffic Act, and when the same court was sentenced to a fine of KRW 1,500,000 as a result of the same crime on May 9, 201, on August 22, 2008, the crime of violation of the Road Traffic Act (driving) was sentenced to a punishment of KRW 5,00,00 as a crime of aiding and abetting in violation of the Game Industry Promotion Act and KRW 5,00,000 as a crime of violation of the Petroleum and Petroleum Substitute Fuel Business Act, it is recognized that the Defendant’s normative awareness is less than that of the defendant’s norm and that the degree of drinking alcohol of this case is less than 167%.

Examining the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, the motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. comprehensively, the first instance court held that the punishment imposed with the community service order is reasonable, and it cannot be deemed that it 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 ground that it is without merit. It is so decided as per Disposition.