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(영문) 부산지방법원 2017.09.28 2017노2983
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 acknowledged, such as the fact that the defendant made a confession of the crime of this case and reflects the mistake, the distance of the defendant's driving at the time was relatively short, and the defendant's family members and the branch want to find out the defendant's preference, 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 drinking driving, and the crime of this case is deemed to have been driven without a driver's license. In light of the substance of the crime, the criminal liability is heavy, the defendant committed the crime of this case without being aware of during the period of suspension of execution due to the same kind of crime, and our criminal litigation law, which adopts the trial-oriented principle and the principle of directness, has the unique area of the first deliberation as to the judgment of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable circumstances of the defendant recognized earlier, after the sentence of the court below, are not considered to be too unfair if the sentence of this case was imposed against the defendant.

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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