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(영문) 부산지방법원 2015.04.24 2015노570

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of one-year imprisonment sentenced by the court below to the defendant is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant recognized the instant crime and reflects his mistake, and that if the detention of the Defendant is prolonged, it might be difficult to support the aged mother's mother.

However, the crime of this case is very serious that the defendant driven a motor vehicle while under the influence of alcohol 0.252%, and the defendant again committed the crime of this case even though he had been sentenced to imprisonment four times with prison labor for the same kind of criminal records in the past; the defendant does not seem to have an imminent or inevitable circumstance that the defendant should drive in the state of drinking at the time of the crime of this case; and other circumstances, including the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, and circumstances after the crime, etc., which are conditions for sentencing as indicated in the records, are considered 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.