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(영문) 부산지방법원 2013.10.25 2013노2046

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (5 million won of fine) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the distance of the defendant's driving is not longer than 500 meters, and that the defendant is the first offender who has no power to commit a crime.

However, the instant crime is deemed to have driven while under the influence of alcohol 0.216% on the new wall, with a high blood alcohol concentration, and thus, the case is not less and less than the case. The lower court also seems to have rendered a sentence in consideration of the Defendant’s favorable circumstances and unfavorable circumstances. The Defendant, after submitting the instant statement of grounds for appeal on the grounds of unfair sentencing, was absent on the trial date, and the pleadings have been concluded in the end while the Defendant was absent from the court on the trial date, and all other circumstances, such as the Defendant’s age, environment, occupation, family relation, etc., are considered as being attached to the sentencing indicated in the record, it cannot be deemed that the sentence of the lower court is unreasonable.

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