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(영문) 부산고등법원 2013.04.25 2013노137
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) in light of various sentencing conditions in the instant case’s summary of the grounds for appeal is too unreasonable.

2. Examining the various sentencing conditions in the instant case, there are favorable circumstances for the Defendant, such as the fact that the Defendant made a confession of all the facts constituting the instant crime, the Defendant repented his mistake, and the fact that the taking-off of drinking alcohol in the instant case was not high.

However, the Defendant committed the instant crime once more than 100,000,000 won, even though he was under the influence of alcohol (0.130% of blood alcohol level) on December 12, 2011 and was under the notice of expected revocation of the driver’s license. The instant crime was committed by the Defendant when driving on behalf of drinking customers, and the nature of the instant crime is serious in light of the details and details of the relevant crime, the risk of the relevant crime, etc. The amended Road Traffic Act on June 8, 201 provides that the person who violated the prohibition clause on the drinking driving twice or more for the purpose of preventing the driving under the influence of the road traffic, preventing the driving under the influence of alcohol, and ensuring the awareness of this, and taking full account of the various factors indicated in the instant pleadings, such as the Defendant’s age, character and conduct, etc., the sentence against the Defendant is too unfair.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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