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(영문) 부산지방법원 2015.05.15 2015노770
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 of one-year imprisonment sentenced by the court below to the defendant is too unreasonable.

2. It is recognized that the Defendant recognized each of the instant crimes and reflected his mistake, and that the Defendant was working as a self-support employee in the cleaning administration department of the Busan exists in the Gu office prior to detention.

However, the crime of this case was committed on January 4, 2013 when the defendant was sentenced to 10 months prior to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. on the Aggravated Punishment, etc. of Specific Crimes) and was sentenced to 10 months prior to the enforcement of the sentence, and was committed on two occasions during the repeated period where 6 months have not passed since the enforcement of the sentence was terminated, and the crime was committed without obtaining a license or drinking driving, and without obtaining a license or drinking driving, and without obtaining a consent from the victim who is a security officer of the hospital without any reason. In particular, the crime of this case was committed repeatedly by the same type of crime even though there were many records of punishment prior to the driving of drinking (in particular, even though the crime was committed as a drunk driving, the crime of drinking driving was committed without being able to cause harm to the life and body of others. In such purport, the amended Road Traffic Act strengthens the punishment of the victim and the victim related to the crime of injury, the defendant's age and circumstances leading to the crime of this case, etc.

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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