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(영문) 부산고등법원 (창원) 2013.04.05 2013노33
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the reasons for appeal (six months of imprisonment) shall be too unreasonable;

2. Recognizing the facts charged in this case, there are favorable factors for sentencing, such as the fact that the defendant recognized the facts charged in this case and supported the wife of old parents and Vietnam.

However, as the court of the first instance properly pointed out, the defendant has been punished several times due to drinking alcohol and refusing to measure drinking alcohol, etc., even though he was sentenced to a suspended sentence of two years due to the violation of the Road Traffic Act at the Changwon District Court on September 2, 2011, he also recognized a disadvantageous sentencing factor such as the fact that the crime of drinking alcohol and non-licensed driving in the instant case was very poor during the suspended sentence period, and that the degree of drinking alcohol level is not less than 0.123% and that the degree of drinking alcohol level is not less than 0.123%.

Examining the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. comprehensively, the sentence sentenced by the first instance court is deemed appropriate, and is 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 ground that it is without merit. It is so decided as per Disposition.

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