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(영문) 부산지방법원 2017.06.29 2017노1420
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six 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 acknowledged, such as the fact that the defendant led to the mistake while making a confession of the crime of this case, that the social ties between the defendant's family and his family members, and that the defendant's family members and his family members want to take the defendant's wife against the defendant, and that the defendant's family's family's living is in difficult situation

However, the crime of this case is deemed to have driven a vehicle under the influence of alcohol twice or more due to the violation of the Road Traffic Act by the defendant's driving of alcohol while under the influence of alcohol. In light of the contents of the crime, the liability of the defendant is heavy, the defendant committed the crime of this case even though he had been punished several times in the same kind of crime, and the risk of recidivism is high even if he committed the crime of this case. The Korean Criminal Procedure Act, which takes the trial-oriented principle and direct principle, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first deliberation does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable circumstances of the defendant, which was recognized above, do not seem to be too unfair to have taken into account all the circumstances of the defendant's oral proceedings such as the defendant's age, character, 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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