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(영문) 부산지방법원 2015.01.16 2014노4043
도로교통법위반(음주운전)등
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 judgment is a serious crime that may endanger the life and body of himself/herself and others. The revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment for such crime. In particular, if a person who has been punished for driving under drinking more than twice again drives a motor vehicle under the influence of alcohol, etc., the provision was newly established that the person who has been punished for driving under the influence of alcohol shall be punished by imprisonment with prison labor for not less than one year but not more than three years or by a fine not less than ten million won but not more than 10 million won. The crime of this case is deemed to have been punished five times or more due to the crime of violation of the Road Traffic Act, and the defendant who has served more than five times or more criminal punishment for driving under the influence of alcohol without obtaining a driver's license under the influence of 0.168%, in light of the degree of the influence of the defendant's driving under the influence of alcohol and the risk of drinking under the influence of alcohol, it does not seem that there is an urgent or inevitable circumstance that the defendant again committed a violation of the Road Traffic Act (including a violation of drinking and a license without permission).

On the other hand, the fact that the defendant is breaking his mistake in depth, and the driving distance is not long.

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