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(영문) 부산지방법원 2017.03.31 2017노248
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the defendant repents his mistake.

However, the Defendant was sentenced to a fine four times due to drinking driving and one-time suspended sentence, and was sentenced to a two-month suspended sentence due to driving without a license in 2013, and was sentenced to a fine in 2014 for driving without a license in 2014, and committed the instant crime even after being sentenced to a fine in 2014. The Defendant committed the instant crime, whose blood alcohol concentration is very high by 0.139%, and the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant argument, such as the circumstances after the crime, are considered, it is not recognized that 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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