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(영문) 부산지방법원 2017.07.13 2017노1773
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the fact that the defendant, who led to the confession of the crime of this case, reflects the mistake, and that the defendant's club fee clearly shows a social ties relationship, such as the defendant's desire to take the defendant's wife, etc.

However, the crime of this case is deemed to have driven a vehicle without a driver's license under the influence of alcohol even though the defendant had been punished twice or more due to the violation of the Road Traffic Act due to the driving of alcohol, and in light of the crime, in particular, it seems that the risk of re-offending is high in view of the fact that the defendant was discovered by driving of alcohol in this case and the defendant was found to have been under the influence of alcohol in this case, and that the defendant's alcohol concentration was high at the time, in our criminal litigation law taking the trial-oriented principle and the direct principle, there is no change in the conditions of sentencing compared to the first instance court, and the first instance court's sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances of the recognized defendant do not seem to fall under the circumstances that can change the defendant's punishment in favor of the court below after the sentence of the court below, and considering the circumstances that the defendant did not fall under the circumstances of this case.

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

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