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(영문) 부산지방법원 2016.05.13 2016노148
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of four months, the suspension of the execution of two years, and the order to attend a law enforcement lecture of 40 hours) is too unreasonable.

2. It is deemed impossible for the judgment court to take into account the circumstances in which the defendant was under the influence of alcohol, the distance of driving under the influence of alcohol is short, and the defendant was unable to take a compliance driving instruction due to his/her workplace life, but the defendant repeats drinking despite having been punished several times for the same kind of crime, the court below again sentenced the suspended sentence despite the fact that the defendant was under the control of the suspended sentence due to drinking driving, and to hear the instruction of compliance driving.

In full view of the fact that the court below did not seem to have seen, the imposition of an order to attend a compliance driving lecture, etc. on the defendant is justifiable, in full view of the equity with other persons who take a compliance driving lecture due to the same crime, and other various circumstances, including the character, conduct, environment, and age of the defendant, and the sentencing conditions specified in the records and arguments of this case

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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