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(영문) 부산지방법원 2018.01.12 2017노4267
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the judgment of the defendant led to the confession of the crime, and his mistake is divided, and the distance of drinking driving is about 500 meters.

However, the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to a fine due to having been sentenced to the suspension of execution, as well as having been punished several times for the same crime, and that he/she committed the instant crime without being aware of the fact that he/she was sentenced to a fine due to driving under influence or without a license, such as drinking (0.073% of alcohol in blood) and drinking value (0.073% of alcohol in blood), and other sentencing conditions specified in the instant argument, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment is too too unreasonable.

Therefore, the defendant's assertion is without merit.

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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