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(영문) 부산지방법원 2017.08.11 2017노1791
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant is recognized that the defendant confessions all of the crimes and repents his mistake, has agreed with the victim, and that the victim has joined the mutual aid association.

However, the Defendant has been sentenced to a fine on several occasions, had the record of being sentenced to a suspended sentence, and among them, there was a history of being punished twice for the same crime, and the Defendant committed each of the instant crimes without being informed of the obstruction of the performance of special official duties and the violation of Road Traffic Act (non-licenseless Driving) during the suspended execution period, and the occurrence of traffic accidents during driving of alcohol, and the degree of alcohol concentration during driving of alcohol is very high by 0.248%, and the Defendant’s age, sexual behavior, environment, motive, means and consequence of each of the instant crimes, and all of the sentencing conditions specified in the instant arguments, such as the motive, means and consequence of each of the instant crimes, shall not be acknowledged to be unfair because the lower court’s punishment is too excessive.

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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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