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(영문) 부산고등법원 (창원) 2013.03.29 2012노365
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the grounds for appeal is too unreasonable;

2. Recognizing the facts charged in this case, there are favorable sentencing factors, such as the fact that the Defendant recognized the facts charged in this case, and supports the wife with physical disability 3 who is a basic recipient, and the elderly old old age, who are not healthy due to high blood pressure, etc.

However, as the court of the first instance properly pointed out, 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 at the Changwon District Court on October 9, 2009, he committed the same crime during the period of probation, and the sentence of probation expires after being sentenced to four months by the same court on July 9, 2010, and the execution of the above two punishment has been completed, and therefore, the defendant committed the crime of this case during the period of repeated offense, and the degree of the drinking is not less than 0.18% that is less than that of the blood alcohol concentration.

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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