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(영문) 부산지방법원 2017.09.26 2017노2408
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of six months, 40 hours of lectures for compliance driving, 40 hours of alcohol treatment, 80 hours of community service) is too unreasonable.

2. It is recognized that the defendant made a confession of all crimes and repents his mistake.

However, considering the fact that the Defendant has been sentenced to a fine for up to 20 occasions and has been sentenced to a suspended sentence and that there was a record of being punished several times for the same crime, that the blood alcohol concentration is 0.108%, and that the Defendant’s age, sex, environment, motive, means and consequence of each of the instant crimes, and all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

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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