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(영문) 부산지방법원 2015.11.27 2015노3268
도로교통법위반(음주운전)등
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 circumstances such as the defendant's recognition of each of the crimes of this case and reflects his mistake, and the defendant has a mother to support the defendant.

However, each of the crimes of this case is about 2 km in the state of blood alcohol concentration of 0.109% in the state of permission without permission and is not less than that of the defendant in light of drinking alcohol driving level and driving distance, and there is no inevitable circumstance that the defendant is subject to punishment for driving under the influence of alcohol. In particular, the defendant has been subject to criminal punishment for driving under the influence of alcohol on six occasions, and there are two times the records of criminal punishment for driving under the suspension of execution and two times in 2008, and it is difficult to readily conclude that the defendant is not subject to criminal punishment for driving under the suspension of execution. The crime of driving under the influence of alcohol is hard to readily punish the defendant as a crime infringing another person's life and body as well as the crime that violates another person's life and body, and the revised Road Traffic Act also strengthens the punishment and has not occurred any traffic accident, and it is difficult to find any changes in the situation different from the original court's age, environment, family relationship, circumstances leading to each of the crimes in 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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