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(영문) 부산지방법원 2019.01.25 2018노3550
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 6 million won) imposed by the lower court is too heavy.

2. The judgment defendant recognized each of the crimes of this case, and there was no record of punishment for drinking driving for about twenty years.

However, drinking driving is a serious crime that can cause unexpected behaviors to the life and home of others as well as itself by raising the possibility of traffic accidents, and the blood alcohol concentration level of the defendant is very high by 0.242%.

In addition, there is no circumstance that the lower court’s determination of sentencing is deemed to have exceeded the reasonable bounds of discretion or to be unfair to maintain it as it is, in full view of all the circumstances indicated in the arguments and records of the instant case, such as the Defendant’s age, character, intelligence environment, motive and means of crime, and the circumstances after the crime.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, the lower court’s sentencing is appropriate, and 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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