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(영문) 부산지방법원 2016.06.03 2016노363

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflected his mistake, and that the Defendant was driving approximately approximately 25 meters from the entrance to the parking lot to the entrance of the parking lot in order to request the driver to drive on his behalf.

However, the crime of this case committed by the defendant without a driver's license is that the defendant drives a vehicle while under the influence of 0.067% alcohol level without a driver's license, and the defendant has been sentenced to six times or more for the same crime, and in particular, on June 17, 2014, on the ground of a violation of road traffic law (drinking driving) in the Daegu District Court and the Daegu District Court and its branch court's support on June 25, 2014, the defendant committed the same crime of this case during the period of suspension of execution, and the driving of alcohol is short of the driving distance, which is a serious crime that causes harm to his/her body and others.

Even if it is impossible to avoid a net accident, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment, and comprehensively considering various circumstances, such as the Defendant’s age, environment, family relationship, circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is 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.