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(영문) 부산지방법원 2018.04.06 2018노361

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the defendant's mistake is divided, and the distance of driving without a drinking license is about 100 meters, etc.

However, the Defendant not only has the history of being punished once due to drinking driving, but also has the history of being punished once due to driving without a license, and also committed each of the instant offenses during the period of suspension of execution when he was sentenced to a fine due to a violation of the Road Traffic Act (driving), the Defendant committed the instant offenses during the period of suspension of execution when he was sentenced to a fine. The alcohol concentration in blood is higher than 0.122%, and there is no change of circumstances that may otherwise determine the lower court and the punishment in the first instance trial, and there is no other change of circumstances that may be different between the lower court and the Defendant’s age, sexual behavior, environment, motive, means and consequence of each of the instant offenses, and the circumstances after the commission of the instant offenses, 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.