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(영문) 부산지방법원 2015.11.13 2015노2917
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the imprisonment of eight months imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the circumstances such as the fact that the defendant recognized all of his/her crime and reflects it, and that if the detention of the defendant is prolonged, the defendant's family living difficulties will be anticipated.

However, the crime of this case was committed under the influence of alcohol level 0.096% by the Defendant without a license, and the case is not less and less severe, and the Defendant committed the crime of this case since 2003, and most of them were punished by a fine or by a suspended sentence of execution six times in total. The Defendant committed the crime of this case even though he was punished by a fine or by a suspended sentence. The Defendant repeated the crime without being aware of it during the suspended execution period due to the same crime; the Defendant was absent in the court below for a long time at the trial for the purpose of the suspended execution period; the Defendant was found to have been highly likely to repeat the crime in light of the Defendant’s low compliance consciousness or judicial landscape; the Defendant’s age, environment, occupation, family relationship, circumstances leading to the crime of this case, and other various circumstances that form the conditions for sentencing as shown in the record, such as the following circumstances, it cannot be deemed unfair for the court below’s punishment to be justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

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