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(영문) 부산지방법원 2018.01.09 2017노3906

도로교통법위반(음주운전)

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of six months and 40 hours of instruction in compliance driving) is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime, and his mistake is repented, and there is no record of punishment heavier than the fine.

However, considering the fact that the Defendant had been punished several times due to drinking driving, the distance of drinking driving is long, drinking (0.080% alcohol level in blood), and other sentencing conditions stated in the argument of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, 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.