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(영문) 부산지방법원 2014.03.21 2013노3974
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The following facts are acknowledged: (a) the Defendant’s driving distance is not relatively long; (b) the Defendant did not cause a traffic accident due to the instant crime; (c) the Defendant recognized all of the instant crime; and (d) the Defendant is in profoundly against his mistake through a prison life for about four months; and (c) the Defendant’s will not drive under drinking again; and (d) the Defendant’s will guide the Defendant; and (e) the Defendant’s wife complained of his wife while the Defendant’s will guide the Defendant.

However, the crime of this case was committed without a driver's license by the defendant, in light of the degree of driving a motor vehicle under the influence of alcohol level of 0.148%, and it does not seem that there was an urgent or inevitable circumstance that the defendant should drive the motor vehicle under the influence of alcohol. The drinking driving is a serious crime that may endanger the life and body of himself/herself and other persons, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the crime of this case. In full view of all other circumstances, considering the defendant's age, environment, family relationship, occupation, and the circumstances that form the conditions of sentencing as shown in the records, such as the crime of this case, the sentence of the court below is unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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