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(영문) 부산지방법원 2019.09.26 2019노2075
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court: (a) rendered a sentence in consideration of the following: (b) the Defendant’s past four years of the history of punishment for drunk driving three times, and (c) the Defendant’s one time of the suspension of execution, which was sentenced to suspended sentence, is inevitable to sentence in light of the following: (a) the Defendant’s mistake is against himself/herself; (b) the blood alcohol concentration (063%) is relatively low; and (c) the distance of actual drunk driving until it is controlled; and (d) there is no new circumstance or circumstantial relationship

In addition, comprehensively taking into account the Defendant’s age, character and conduct, the background and details of the accident, the motive and background of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court was conducted within the reasonable scope of discretion and is not hot.

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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