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(영문) 부산지방법원 2017.04.14 2017노721
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the defendant repents his mistake.

However, the Defendant was sentenced to 8 times a fine due to drinking or non-licensed driving, etc. and was sentenced one time a suspended sentence, and the Defendant committed the instant crime during the suspended sentence even after being sentenced to a fine for driving without a license during the suspended sentence period due to drinking driving, and committed the instant crime during the suspended sentence period. The Defendant’s blood alcohol concentration at 0.107%, and the Defendant’s age, sex, environment, motive, means, and consequence of the instant crime, and all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the instant crime, are not deemed to be undue, considering the following factors.

Therefore, the defendant's assertion is without merit.

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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