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(영문) 부산지방법원 2013.08.30 2013노2140
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, for six months of imprisonment imposed by the defendant.

2. The circumstances are recognized, such as the fact that the Defendant recognized the instant crime and said Defendant is going to not drive under the influence of alcohol again, and that the instant crime did not cause a traffic accident.

However, the crime of this case is a case of driving a motor vehicle while under the influence of 0.090% of alcohol level, and its driving level and driving distance, etc. do not seem to be less than that of the defendant in light of the degree of the alcohol level, driving distance, etc., and it does not seem that there was an imminent or inevitable circumstance that the defendant should drive in the state of drinking, and there is a history of criminal punishment on several occasions due to driving under the influence of alcohol and without a license, and the punishment due to driving under the influence of alcohol is seven times or more, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment about the crime, and even if the defendant was sentenced once and twice as a result of driving under the influence of alcohol level, it is difficult to expect the improvement of the defendant's own due to the suspension of sentence or probation by taking into account all the circumstances such as the defendant's age, environment, family relations, occupation, and the records of the crime of this case.

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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