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(영문) 부산지방법원 2017.01.12 2016노3906
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The driving of a judgment requires strict punishment for a serious crime that may cause serious threat to the life and body of others as well as himself/herself.

The Defendant had been punished three times from around 2013 to around 2015 due to drinking. In particular, even though the period of suspension of the execution due to drinking driving, the Defendant did not commit the instant crime and repeated the instant crime for a short time, and thus, it seems that there was a lack of awareness of compliance with the traffic laws and regulations.

In light of the above, the Defendant’s blood alcohol concentration at the time of committing the instant crime is relatively high to 0.150%, the lower court’s choice of the minimum punishment within the scope of the mitigated punishment, taking into account the favorable circumstances for the Defendant, and there are no changes in circumstances that may be considered in the sentencing after the lower judgment was sentenced, and all the sentencing conditions indicated in the records and arguments, including the Defendant’s age, sexual conduct, environment, background of the instant crime, circumstances after the instant crime, etc., even if considering favorable circumstances, such as the fact that the Defendant recognized all of the instant crime and took an attitude against the Defendant, the sentence imposed by the lower court cannot be deemed unfair.

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. It is so decided as per Disposition, since the defendant's appeal is without merit.

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