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(영문) 부산고등법원 (창원) 2013.07.05 2013노37
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty sentenced by the first instance court to the summary of the grounds for appeal (six million won of a fine) is too unreasonable;

2. Recognizing the facts charged in this case, a favorable sentencing factor is recognized, such as the fact that the defendant recognized the facts charged in this case and supports the mother, wife, and young children, and that economic situation is difficult.

However, it is also recognized that the Defendant, without a driver's license, was involved in an accident while driving the cliba while driving the cliba in the state of blood alcohol concentration of 0.235%, and even if having been punished several times due to without a driver's license and driving under the influence of alcohol, repeated without a driver's license and drinking driving.

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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