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(영문) 부산지방법원 2015.06.26 2015노60
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable for a six-month sentence of imprisonment sentenced by the court below to the defendant.

2. It is recognized that the Defendant recognized the instant crime and reflects his mistake, and the Defendant regularly received treatment related to alcohol addiction through consultation with the hospital treatment and counseling center after the instant crime, and that the distance of drunk driving at the time of the instant crime is not long.

However, the crime of this case was previously sentenced to eight months of imprisonment due to a drunk driving, etc. (the defendant was sentenced to concurrent judgment after he was investigated by an investigative agency on the violation of the Road Traffic Act (the violation of the same Act) at the time, etc.). The crime of this case was committed in a state of 0.156% of blood alcohol concentration during the period of a repeated crime, and the case is not easy, and the defendant was previously sentenced to suspended sentence due to a drunk driving in 2006, not only the above sentence but also the case of a large number of fines, and the other crimes of the same kind of fine are committed in addition to the above sentence, it is necessary to strictly punish the drunk driving as a crime that damages the life and body of a good driver as well as a good driver. Accordingly, the revised Road Traffic Act strengthened the punishment for a drunk driver, and it seems that there was no urgent situation that the defendant should drive at the time, and it is unreasonable to consider the circumstances that the defendant's age, family relationship, the circumstances leading to the crime of this case, and circumstances before and after the record.

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

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