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(영문) 부산지방법원 2014.12.12 2014노3569
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. It is recognized that the decision-making defendant divided his mistake, and that there was no additional damage such as traffic accident due to the crime of this case, economic difficulty, and support the wife and consciousness.

However, the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for a serious crime that may endanger the life and body of himself/herself and others. In particular, if a person who has been punished for drunk driving two times or more drives a motor vehicle under the influence of alcohol again, the provision was newly established that the person shall be punished by imprisonment with prison labor for not less than one year but not more than three years or by a fine of not less than 10 million won but not more than 10 million won. The crime of this case is already committed in the same crime from 2002 to 201, and the defendant who has been already sentenced to six times or more of the same crime under the influence of alcohol concentration of 0.128%, driving a motor vehicle under the influence of alcohol level and the risk of drunk driving, and it does not seem that there is an urgent or inevitable circumstance that the defendant should drive under the influence of alcohol at the time of the crime of this case, and the defendant has been sentenced to a suspended sentence of not less than 20% of the same crime under the influence of alcohol.

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