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(영문) 부산지방법원 2016.12.22 2016노3935

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is deemed to be too unhued and unreasonable.

2. The judgment of the driving under the influence of alcohol may cause a serious danger to the life and body of another person as well as himself/herself, and in itself, the crime is very serious, and the blood alcohol concentration of the defendant at the time of the instant case is 0.240% high, and the defendant has a total of four times or has been punished for driving under the influence of alcohol, and in particular, the crime of this case was committed on April 16, 201, which was sentenced to eight months of imprisonment for driving under the influence of alcohol, and caused an accident while driving under the influence of alcohol again during the period of the repeated offense, etc., which is disadvantageous to the defendant

However, considering favorable circumstances, such as the fact that the defendant recognized the crime of this case and the distance of the defendant's driving at the time of this case is relatively short, and other factors of sentencing that are shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, circumstances after the crime of this case, etc., the punishment sentenced by the court below is determined to be within the scope of appropriate sentencing discretion.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.