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(영문) 부산지방법원 2020.04.28 2020노576
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the summary of the grounds for appeal (unfair punishment for six months) shall be inappropriate;

2. The lower court, while taking into account the Defendant’s reflectivity, the transfer of vehicles, and the factors of sentencing favorable to the Defendant’s preference, determined the sentence by taking into account the nature of the instant crime, the crimes during the same suspended execution period, etc.

There is no error in the process of selecting sentencing elements, and there is no new factor to change the sentencing determination of the court below in the appellate court.

Even if this court re-examines the sentencing factors, the determination of the original sentence is unreasonable.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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