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(영문) 부산지방법원 2020.10.15 2020노1398
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The determination of the summary of the grounds for appeal (e.g., a fine of five million won) is unreasonable;

2. The lower court rendered a judgment on the amount of fine lower than that of a summary order (a fine of KRW 6 million).

It seems that the degree of blood alcohol concentration and the range of operation are determined as sentencing factors.

The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors in the appellate court.

Even if this court re-examines the sentencing factors, the determination of the original sentence is unreasonable.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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