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(영문) 부산지방법원 2018.06.22 2018노1477
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy. The punishment imposed by the court below (for six months of imprisonment, two years of suspended sentence, 40 hours of taking courses, and 160 hours of community service) is too heavy.

2. The judgment of the Defendant recognized all of the instant crime, and the occurrence of the instant traffic accident was not caused by driving without a license for drinking or non-license.

At present, the health status of the defendant is not good.

However, drinking driving is a serious crime that can cause unexpected behaviors to the life and home of others as well as himself/herself, by raising the possibility of a traffic accident.

The defendant has a record of criminal punishment on several occasions due to driving of drinking and driving without a license.

In addition, in full view of all the sentencing conditions indicated in the argument and record of the instant case, the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and it is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure; however, the court below's decision ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure, and correction of "1. Motor Vehicle Driving License Register"

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