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(영문) 부산지방법원 2016.04.29 2015노4416
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (3 million won in penalty) is too unreasonable.

2. Although the circumstance where the defendant should support the mother in an economically difficult situation, the court below's sentencing is not unfair because there is no change in the sentencing condition compared with the court below since the new sentencing data was not submitted in the court below, and the blood alcohol concentration level was very high by 0.139%. The court below sentenced the defendant to the court below's punishment under the court below's highest level according to the above blood alcohol concentration level. In addition, considering the circumstances and result of the crime of this case, the circumstances after the crime of this case, the defendant's character and behavior, the environment, and age, etc., and all other circumstances that form the conditions for the sentencing as shown in the records and arguments of this case, the court below's punishment cannot be deemed unfair because it is too large.

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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