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부산지방법원 2019.10.17 2019노2654
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year and six months of imprisonment) shall be too unlimited and unfair; and

2. Determination

A. According to the records, the court below determined the punishment in consideration of various sentencing factors, such as the fact that not only several times the records of punishment for the same kind of crime but also the crime of the same kind in the same time during the repeated crime period, the fact that the blood alcohol concentration is considerably high, the fact that the mistake is divided and reflected, the family environment and health conditions, etc.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.