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(영문) 부산고등법원 2012.12.27 2012노607
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) in light of various sentencing conditions in the instant case’s summary of the grounds for appeal is too unreasonable.

2. However, if this judgment becomes final and conclusive, the following suspension of execution is invalidated, and the defendant is divided into his errors, and there are more favorable circumstances as alleged in the grounds for appeal against the defendant.

However, the Defendant had been sentenced to 7 times of imprisonment due to the refusal of drinking alcohol measurement, drinking driving, driving without a license, etc., 5 times of suspended sentence, one time of suspended sentence, and 2 years of suspended sentence on September 7, 201. The Defendant committed the instant crime, which is the same kind of driving during the suspended sentence, even though he was sentenced to 6 months of imprisonment due to drinking driving on September 7, 201, and 2 years of suspended sentence. The instant crime committed the instant crime to 280,000 won of the cost of driving on the new wall without a driver’s license. The instant crime committed the instant crime to 200,000 won of the evidence record, and the Defendant appears to have driven the instant vehicle, which is the so-called “large-scale vehicle” without a driver’s license, and the Defendant appears to have driven the instant vehicle without a driver’s license without a vehicle, which is deemed to have been subject to punishment for the Defendant’s excessive suspension of drinking driving on the road for the purpose of preventing the Defendant from driving without a driver’s license.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. If so, the defendant's appeal is without merit, and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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