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(영문) 부산지방법원 2013.10.11 2013노1520
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of two years of suspended execution and 40 hours of the order to attend a law-abiding driving lecture is too unreasonable for six months of imprisonment sentenced by the court below.

2. It is recognized that the circumstances such as the fact that the Defendant acknowledges all of the instant crime and reflects his mistake, the Defendant is under economic difficulty as a recipient of basic living security, support for the children of 13 years old, and the Defendant is expected to suffer some difficulties in living when providing community service or attending lectures.

However, the crime of this case is a case of driving a vehicle under the influence of 0.091% alcohol level in light of the level of driving and driving distance, etc. of the case, and it does not seem that there is any urgent or inevitable circumstance that the defendant should drive in the state of drinking. The drinking driving is a serious crime causing danger to the life and body of himself/herself and others. The revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the crime of this case. The defendant had been punished several times including the same kind of crime before, and the records of the punishment for the driving of this case led to the crime of this case even more than 10 times without being aware of the defendant's age, environment, family relations, occupation, etc., and all other circumstances that form the conditions of sentencing as shown in the records of the crime of this case including the crime of this case. In full view of the above circumstances, it is not unreasonable for the court below to impose a suspended sentence on the defendant.

Defendant’s assertion is without merit.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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