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(영문) 부산고등법원 (창원) 2013.05.03 2013노87
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the reasons for appeal (six months of imprisonment) shall be too unreasonable;

2. Recognizing the facts charged in the instant case, there are favorable factors for sentencing, such as the fact that the Defendant recognized the instant facts charged, and that the Defendant, as a basic recipient of the instant charges, is physically handicapped and reported about a young kynas.

However, the defendant has been punished several times by driving under the influence of alcohol and driving without a license, and even if he was sentenced to two years by imprisonment for violation of the Road Traffic Act (refluence) in the Changwon District Court's branch on February 23, 2011, it is also recognized that the sentencing factors are disadvantageous to the defendant, such as the fact that driving under the suspension of execution was repeated while driving under the suspension of execution, driving under the influence of alcohol and driving without a license, again driving under the influence of alcohol and driving without a license, for which one hour has not passed since it was discovered, again driving under the influence of alcohol and driving without a license, which are very poor in the quality of the crime, and the degree of driving under the influence of alcohol is not less than 0.198%, 0.073%.

Examining the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. comprehensively, the sentence sentenced by the first instance court is deemed appropriate, and 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.

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