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(영문) 부산지방법원 2014.12.26 2014노3478

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the punishment of imprisonment with prison labor for eight months, two years of suspended sentence, and 80 hours of community service order, which the court below sentenced to the defendant, is too unhued.

2. The Defendant: (a) while driving a motor vehicle under the influence of alcohol concentration of 0.158% under the influence of alcohol, while driving the motor vehicle in a difficult condition to drive normally; (b) received two vehicles from the victim C, G, and E, resulting in an injury requiring approximately two weeks of treatment; (c) was driving a motor vehicle under the influence of alcohol level of about 0.135% after the two weeks have passed thereafter, while driving the motor vehicle in a difficult condition to drive normally; (d) received one motor vehicle from the victim H for about two weeks of treatment; and (e) was driving the motor vehicle under the influence of alcohol level of about 0.166% of the blood alcohol level at the same time since the ten days have not passed thereafter.

As such, the Defendant has repeatedly committed three violations of the Road Traffic Act (driving) and two violations of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) for a short period of less than a month. In particular, in light of the fact that the Defendant was under the influence of alcohol by 0.058% on February 7, 2014, even though he was under the influence of alcohol by 0.05% on March 7, 2014, even though he was a summary indictment of KRW 1 million on March 7, 2014, the Defendant has repeatedly committed the same kind of crime without being able to punish the risk of recidivism.

On the other hand, all of the crimes of this case are recognized by the defendant, and they are treated with depression since 2008, due to symptoms such as emotional stability and shock disorder, etc., and such symptoms seems to have influenced the crimes of this case, and there is no record of criminal punishment other than three times of fines, and the crime of violation of the Road Traffic Act (driving) as of February 7, 201 after 201 is committed. < Amended by Act No. 12318, Feb. 7, 2014>