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(영문) 부산지방법원 2019.05.10 2019노827
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. In full view of the circumstances favorable or unfavorable to the defendant as stated in the judgment of the court below, and other various sentencing conditions, such as the defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, method of committing a crime, and result, even if considering the circumstances where the defendant was diagnosed by urology, high blood pressure, etc. on April 21, 2016, the sentence imposed by the court below is too unreasonable compared to the degree of the defendant’s act and responsibility.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per

[However, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) of the judgment of the court below pursuant to Article 25 (1) of the Rules on Criminal Procedure shall be corrected to "Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018

.

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