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(영문) 부산지방법원 2017.02.16 2016노4934
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s deep reflects the instant crime, the Defendant’s act of acting as an agent was cancelled and driven for reasons not known, and there are some circumstances to consider in its circumstances, and the Defendant’s family members appeal against the Defendant’s wife.

However, it is necessary to respect the judgment of the court below because there is no change in the sentencing conditions in comparison with the court below because new sentencing data have not been submitted in the trial at the court below. The defendant's blood alcohol concentration is very high, and the defendant drives drinking at once or more times even though he had been punished due to drinking driving, etc., in such a case, the lower limit of imprisonment subject to punishment is one year, and the defendant is sentenced for six months with the prior notice of the reduction of volume, and social consensus has already been formed as to the risk of driving drinking and the necessity of proportional punishment, and taking full account of the circumstances and result of the crime in this case, the circumstances and result of the crime in this case, the defendant's character and behavior, the environment, age, etc., and other various circumstances, which are the conditions of sentencing as shown in the records and arguments in this case, the sentencing of the court below is too unreasonable.

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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