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(영문) 부산지방법원 2017.12.01 2017노3657
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the defendant made a confession of all crimes and repents his mistake.

However, the Defendant has been sentenced to a fine on several occasions, and there was a record of being sentenced to a suspended sentence twice as well as the record of being sentenced to a fine on the same kind of crime. In addition, the Defendant committed each of the instant crimes during the suspended sentence period, even though he was sentenced to a fine on the commission of drinking or non-licensed driving during the suspended sentence period, without being aware of the fact that the blood alcohol level is very high by 0.185%, and the numerical value of the blood alcohol level is very high, and the distance of driving without drinking or non-licensed driving is not less than 2 km, and the Defendant’s age, sexual behavior, environment, motive, means and consequence of each of the instant crimes, and all of the sentencing conditions indicated in the instant arguments, such as the circumstances after the crime, are considered, the lower court’s sentence is too 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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