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(영문) 부산지방법원 2020.12.11 2020노1673
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (limited to 8 months of imprisonment, 2 years of probation, 80 hours of community service, 40 hours of law-abiding lecture) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant agreed smoothly with the victim during the investigation process, and that the injury suffered by the victim is not much serious.

However, the crime of this case is under the influence of drinking by the defendant.

In light of the following: (a) the occurrence of an accident involving pedestrians, the nature and circumstances of the crime do not seem to be light; (b) the degree of blood alcohol level was considerable at the time of the crime; (c) the Defendant was punished for driving under the influence of alcohol in the past; and (d) the Defendant’s age, character and conduct, environment, motive and circumstances of the crime; (b) the means and circumstances of the crime; and (c) the method and consequence of the crime; and (d) all of the sentencing conditions specified in the records and arguments, such as the circumstances after the crime, the

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 since it is without merit. It is so decided as per Disposition.

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