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(영문) 부산고등법원 (창원) 2013.04.05 2013노39
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the reasons for appeal (six months of imprisonment) shall be too unreasonable;

2. Recognizing the facts charged in this case, there are favorable factors for sentencing, such as the fact that the defendant recognized the facts charged in this case and suffered from chronic closed-pulmonary diseases.

However, as the court of the first instance properly pointed out, the defendant has been punished several times due to drinking driving, and even though he was sentenced to two years due to the violation of the Road Traffic Act in the Changwon District Court on September 10, 2010, he also recognized a disadvantageous sentencing factor such as the crime of this case during the period of probation, and the crime of this case is very poor and the degree of drinking is not less than 0.152% of the blood alcohol concentration.

Examining the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. comprehensively, the sentence sentenced by the first instance court is deemed appropriate, and is 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 ground that it is without merit. It is so decided as per Disposition.

(However, among the judgments of the first instance court, it is clear that the phrase " July 1, 2010" of two parallels below is a clerical error in the phrase " September 10, 2010", and in accordance with Article 25 (1) of the Rules on Criminal Procedure, it shall be corrected to the phrase " September 10, 2010" pursuant to Article 25 (1) of the Rules on

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