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(영문) 부산지방법원 2015.08.07 2015노1780
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the circumstances such as the fact that the defendant recognized all of the crimes of this case and reflected, and that if the detention of the defendant is prolonged, it may cause economic difficulties to the family members supported by the defendant.

However, the crime of this case was committed by the defendant while under the influence of 0.114% alcohol concentration, and the case was not less than that of the defendant. The defendant committed a crime of this case, even if he was punished for the same kind of crime and had the record of being sentenced to the suspension of execution several times, and thus, the defendant committed a serious punishment against the defendant. The defendant was under the suspension of execution due to the same kind of crime even at the time of the crime of this case. In full view of the circumstances and result of the crime of this case, the circumstances after the crime of this case, defendant's character and behavior, environment, age, etc., and other various circumstances that are the conditions of sentencing as shown in the records and arguments, it cannot be deemed unfair because the sentence imposed by the court below is too excessive.

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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