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(영문) 부산지방법원 2018.11.29 2018노2853
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to four million won) is too unreasonable.

2. There is no change in the terms and conditions of sentencing compared to the first instance trial, and where the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Notwithstanding the two times of criminal punishment for driving alcohol, the Defendant again committed the instant crime. Furthermore, the Defendant was found to have been aware of the fact that the Defendant, after drinking alcohol, was on the duty of driving a motor vehicle and was on the duty of driving a motor vehicle as an agent, to control drinking. However, there is lack of the minimum awareness and compliance spirit of a person engaging in driving a motor vehicle.

In light of such overall circumstances, the lower court determined a punishment, and there is no new circumstance to change the sentence of the lower court in the first instance.

In addition, when comprehensively considering various sentencing conditions, such as the defendant's age, sexual conduct, occupation, law and circumstances after the crime, etc., as shown in the deliberation of the court below and the party, the punishment imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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