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(영문) 부산지방법원 2018.04.06 2018노257
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 the crimes and divided his/her mistake, and that the distance from driving a drinking or non-licensed driving is about 500 meters, etc.

However, considering all sentencing conditions in the pleadings of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of each of the instant crimes, the circumstances after the crime, etc., the sentence of the lower court is too unreasonable, and it is not recognized that the sentence of the lower court is too unreasonable, in light of the following: (a) the Defendant has been sentenced to a fine on several occasions due to drinking driving and driving without a license; (b) the alcohol concentration in blood is 0.26% higher; and (c) there is no change of circumstances that may otherwise determine the sentence and the punishment.

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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