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(영문) 부산지방법원 2016.04.08 2015노4268

도로교통법위반(무면허운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. It is recognized that the Defendant recognized all of the instant crimes, thereby reflecting his mistake in depth, the Defendant agreed with the victim at the lower court to the effect that the victimized person does not want to punish the Defendant; there is a family member to support the Defendant; in particular, the Defendant suffers from rare disease of 1 years of age, where the victimized person suffers from the rare disease of alacrata, and the Defendant also suffers from high blood pressure and tension.

However, the crime of this case was committed on March 13, 2014 by the Defendant while driving under the influence of 0.136% during blood, and on August 12, 2015, when driving under the influence of 0.257% during blood, and causing bodily injury to the victim requiring two weeks medical treatment, in light of the content and circumstance of the crime, frequency, and the degree of alcohol concentration during blood, etc., the crime was not good; the Defendant was under three times or punishment for the same crime; in particular, on June 26, 2013, the Busan District Court sentenced the Defendant to two years of suspension of execution, and determined on July 4, 201, and determined on August 12, 2015; the Defendant again committed an act of raising the level of statutory punishment of the Defendant’s life and alcohol during the period of suspension of execution; and the Defendant again committed an act of violating the Road Traffic Act by raising the level of statutory punishment on his/her body during the commission of the crime.