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(영문) 부산지방법원 2016.08.19 2016노1734

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution in the imprisonment of six months, forty hours of lecture attendance order, eight hours of community service order) is too unreasonable.

2. It is recognized that the circumstances such as the defendant's recognition of the crime of this case against the mistake, the defendant's mother's and wife are responsible for examining them as they are under medical treatment, and the defendant's family and sibling wanting to take the Defendant's seat.

However, the crime of this case is committed under the influence of alcohol 0.118% by the defendant while driving an original 2.5km in light of the alcohol concentration, driving distance, etc. of the original 2.5km in blood, and the defendant has the record of being punished three times by a fine due to driving of alcohol, and driving of alcohol is a serious crime causing bodily harm to himself/herself and others, and the revised Road Traffic Act has increased the statutory punishment and strengthened the criminal punishment by dividing the statutory punishment according to the degree of blood alcohol concentration, and taking into comprehensive account various circumstances such as the defendant's age, environment, family relationship, circumstances leading to the crime of this case, and circumstances before and after the crime, etc., the sentence of the court below is too too unreasonable.

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.