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(영문) 부산지방법원 2016.04.29 2016노34
도로교통법위반(음주운전)등
Text

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 circumstances such as the Defendant’s acknowledgement of all of the instant crimes and reflection of his mistake are recognized.

However, the crime of this case was committed by the Defendant without a driver's license by driving a vehicle while under the influence of 0.189% of alcohol level, and the issue is not less than that of the blood alcohol level in light of the numerical value of the blood alcohol level. The Defendant has been punished five times or by a fine due to the same crime. On October 24, 2013, the Defendant was sentenced to imprisonment with prison labor for the storage of stolen goods from the Suwon Flag Methods Board for the same crime on December 21, 2013, and the execution of the punishment was completed, and the crime of this case was committed on December 21, 2013, while the repeated crime was committed. Drinking is a serious crime causing harm to the life and body of himself/herself and others, the Road Traffic Act increased the statutory punishment and strengthened the criminal punishment by dividing the statutory punishment according to the blood alcohol level, and the Defendant's age, environment, family relationship, circumstances leading to the crime of this case, and various circumstances before and after the crime were committed. It seems unreasonable by the lower court.

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.

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