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(영문) 부산지방법원 2017.12.14 2017노4102
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (eight months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the Defendant are recognized, such as the confession of the instant crime by the Defendant, against the mistake, etc.

However, the crime of this case is deemed to have committed the same crime under the influence of alcohol without a driver's license at the time when the defendant was under the influence of alcohol more than twice due to the violation of the Road Traffic Act due to the driving of alcohol, and at the same time when two months have not passed since the time of detection. In light of the contents of the crime, in light of the crime, the liability for the crime was heavy, the defendant's figure was high, the defendant was punished for the same kind of crime several times, and the criminal litigation act of our criminal case, which takes the trial-oriented principle and the principle of directness, has the unique area of the first deliberation as to the determination of the punishment, and there is no change in the conditions of the first deliberation compared with the first trial, and the first deliberation sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The above normal sentence against the defendant does not constitute an unfair change in circumstances that could change the defendant's punishment in the environment, etc.

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

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