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(영문) 부산고등법원 2013.07.03 2013노220

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant is divided into his mistake, and that the defendant's health is not good.

However, the defendant's history of punishment for violation of the Road Traffic Act, including drinking driving, has reached five times, there is an amount of imprisonment imposed among them, and the defendant committed the crime in this case during the period of repeated crime of the same kind, and the blood alcohol content is considerably high to 0.270%, causing traffic accidents during driving under the influence of alcohol, and taking into account the defendant's age, character and character, environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the argument of this case such as circumstances after the crime, the court below's punishment is too large and unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.