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(영문) 부산지방법원 2015.04.10 2015노569
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the Defendant recognized each of the crimes of this case and reflected his mistake in depth, and that the Defendant voluntarily surrendered after each of the crimes of this case.

However, each of the crimes of this case was committed several times before the defendant committed the crime of drinking driving, and accordingly, was sentenced to suspended sentence and imprisonment for eight months, but the execution of the sentence was not terminated due to driving under the influence of alcohol at the same time and without a license, and it is not good that the crime was committed by signing and using his/her name on the circumstantial statement report and portable information terminal to conceal his/her crime, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the serious crime that causes danger to the life and body of himself/herself and others. In full view of all other circumstances, the court below erred by misapprehending all the circumstances such as the defendant's age, environment, occupation, family relationship, circumstance leading up to the crime of this case, and circumstance leading up to detection, and 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 ground that it is without merit. It is so decided as per Disposition.

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