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(영문) 부산고등법원 (창원) 2013.06.12 2012노384

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court (the fine of KRW 5,00,000) on the summary of the reasons for appeal is too unreasonable; and

2. The judgment of the Defendant is recognized as a favorable sentencing factor, such as the fact that the Defendant is administering a horse due to the extension of the horse, and that his mistake is pening.

However, even though the defendant has been punished several times due to drinking driving and driving without a license, it is also recognized that there are unfavorable factors for sentencing, such as drinking and driving without a license.

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.