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(영문) 부산지방법원 2013.08.30 2013노2210
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below to the defendant against the summary of the grounds for appeal is too unreasonable.

2. It is recognized that: (a) the distance driven by the Defendant is not longer than 200 meters and blood alcohol concentration is not deemed to have been flowed to 0.096%; (b) the Defendant recognized the crime by disposing of vehicles, etc.; (c) the Defendant’s health is not good; and (d) the Defendant’s family members and visitors want to leave the Defendant’s wife.

However, the crime of this case is driving without a license or drinking.

In order to avoid punishment for the police enforcement, the issue is that the name of the person is affixed to the driver confirmation column as a result of the PDA's regulation of driving under the influence of alcohol. On February 13, 2001, the defendant, at the same court on December 12, 2001, has not been punished by a fine of 1.5 million won as a crime of violating the Road Traffic Act (driving) and the same court on August 21, 2002; on the same court on August 21, 2002, has not been punished by a fine of 0,00 won; on the other hand, 2 years of suspended sentence of 8 months; 6 months of suspended sentence as a crime of violating the Road Traffic Act (hereinafter referred to as the "Road Traffic Act"); on the other hand, 20 years; 3 years of imprisonment with prison labor as a crime of violating the Road Traffic Act; on the other hand, 1.5 years of imprisonment with prison labor as a fine of 10,004.

3.

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