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(영문) 부산지방법원 2017.05.18 2016노4602
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the penalty amounting to KRW 3,000,000) is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the fact that the defendant made a confession of the crime of this case and reflects his depth on the wrongness, and that the defendant's health is not sufficiently sufficient due to depression, yellow disorder, and tent, etc.

However, the crime of this case is deemed to have driven a car while under the influence of alcohol, in light of the substance of the crime, the criminal liability is heavy, the fact that the defendant was punished for the same kind of crime, the fact that the defendant was the lowest of the statutory penalty, the court below's punishment is the criminal litigation law in Korea, which adopts the trial-oriented principle and the principle of directness, and there is no change in the conditions of sentencing compared with the first instance court and the first instance court's sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances favorable to the above recognized defendant do not correspond to changes in circumstances that could change the sentence of the court below since the decision of the court below was rendered, and the defendant's age, the defendant's behavior, and the environment, etc. are not too unfair if the sentence against the defendant was too unfair.

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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