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(영문) 부산지방법원 2018.01.19 2017노3887
도로교통법위반(음주운전)
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 judgment defendant led to the confession of the crime and repented his mistake.

However, the Defendant’s punishment is too unreasonable when considering all of the sentencing conditions on the instant argument, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., such as drinking driving and driving without a license, the fact that there was a history of punishment for suspension of execution, the distance of drinking driving is about 3 km, and the drinking level (0.074% alcohol level in blood), and the drinking level (0.074% in blood), and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime.

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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