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(영문) 부산지방법원 2016.12.22 2016노2842
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the original court on the summary of the grounds for appeal (two years of imprisonment for a prison term of six months, forty hours of an order to attend a lecture, and eight hours of an order to provide community service) is too unreasonable.

2. In light of the fact that the Defendant was subject to each fine due to drinking driving around September 2015 and drinking driving around January 2016, considering the fact that the Defendant driven a motor vehicle without a driver’s license in the state of drinking alcohol level of about 0.089% again from the date of the final detection of the case and about 3 months from the date of the final detection, the Defendant took the attitude of recognizing and opposing the Defendant’s mistake and taking into account other circumstances, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence imposed by the lower court is not heavier.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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