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(영문) 부산지방법원 2017.11.17 2017노3280
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the defendant repents his mistake.

However, the Defendant has been sentenced to a fine and a suspended sentence for a total number of times, and there was a record of being punished several times for the same crime, and the Defendant committed the instant crime without being aware of the crime during the suspended execution period due to interference with official duties, etc., the Defendant committed an accident during drinking, the occurrence of contact with drinking, the alcohol concentration in blood is higher than 0.101%, and the Defendant’s age, sex, environment, motive, means, and consequence of the instant crime, and all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the crime, are considered, and it is not recognized that the lower court’s punishment is undue.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the ground that the Defendant’s appeal is a clerical error of “a summary order of KRW 1 million” among the written judgment of the lower court, since it is apparent that “a penalty of KRW 1 million is a clerical error of “a summary order of KRW 1 million”, it is corrected ex officio in accordance with Article 25(1) of the Regulations on the Criminal Procedure.

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