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(영문) 부산지방법원 2017.04.28 2016노3415

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too heavy (2.5 million won).

2. In full view of all the circumstances indicated in the pleadings and records of the instant case, including the circumstances favorable to the Defendant (a confession, etc.) and unfavorable circumstances (such as the same type of power, the act of acting as an agent under the influence of alcohol, etc.), the sentencing judgment of the lower court exceeded the reasonable bounds of its discretion, in view of the following factors: (a) the Defendant’s age, character and intelligence environment, motive means of crime, and consequence

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and 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.