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(영문) 부산지방법원 2019.09.05 2019노1246
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (700,000 won of a fine) is too unreasonable.

2. Determination

A. According to the records, the court below determined the punishment by taking account of various sentencing factors, such as the fact that there was a history of punishment for the same kind of crime, the blood alcohol concentration, the driving distance, and the miscompetence.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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