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(영문) 부산지방법원 2016.12.01 2016노3691
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The 6-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below takes the attitude of recognizing and opposing the defendant's wrong, and when the defendant excluded the power of punishment for the same kind of crime, it is recognized that the defendant was sentenced to a fine on one occasion for violent crime around 2006. However, although the defendant had been sentenced to a suspended sentence of imprisonment for the same crime at around 2010 and around 2015, he had the record of five times for the same crime, such as being sentenced to a suspended sentence of imprisonment for the same crime, the defendant cannot be deemed to have been sentenced to more severe punishment than the judgment of the court below in light of the above circumstances and other circumstances, such as the defendant's age, character and behavior, circumstances, motive and circumstances after the suspended sentence of the above 2015, and the defendant's repeated punishment, such as driving of a motor vehicle without a driver's license during the full-time period of the suspended sentence of the first 20.182% for a month.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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