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(영문) 부산고등법원 (창원) 2013.04.19 2013노50

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the reasons for appeal (ten months of imprisonment) shall be too unreasonable;

2. Recognizing his criminal act, the Defendant recognized that there are favorable factors for sentencing, such as the fact that he or she repents of wrongness, etc.

However, even though the Defendant had already been punished several times due to driving without a license for drinking alcohol, it is also recognized that the Defendant committed the instant crime in the state of repeated crime at the same time, and it appears that repeated driving without a license for drinking alcohol without any awareness of any particular crime.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in the pleadings, the sentence sentenced by the first instance court is deemed to be adequate, 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.