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(영문) 부산지방법원 2016.10.27 2016노3205

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the driving under the influence of alcohol needs to be strictly punished for a serious crime that may cause serious harm to the life and body of others as well as himself/herself.

On April 6, 2016, the Defendant had been punished five times or more due to drinking alcohol prior to the instant crime, and in particular, on the following day of the final judgment, the Defendant was driving without a license under the influence of 0.261% of the blood alcohol concentration level on the day after the judgment became final and conclusive without being sentenced to one year of imprisonment with prison labor due to drinking driving or non-licensed driving at the Busan District Court’s Dong Branch branch, Busan District Court, but was driving without a license. After regulating the said crime, the Defendant was driving with a license for 10 days or more.

In light of this, the defendant seems to lack the awareness of compliance with the Road Traffic Act, and considering favorable circumstances, such as the defendant's age, character and behavior, environment, circumstances leading to the crime of this case, and circumstances after the judgment of the court below, etc., that the court below has selected the minimum punishment within the scope of the term of punishment that has been reduced by taking into account the circumstances favorable to the defendant, and there are no changes in circumstances that may consider the sentencing after the judgment of the court below, and all the sentencing conditions indicated in the records and arguments of this case, it cannot be deemed that the sentence imposed by the court below is unfair, even if the defendant shows the attitude that all of the crimes

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.