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(영문) 부산지방법원 2014.11.07 2014노2856
도로교통법위반(음주측정거부)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of one-year imprisonment sentenced by the court below to the defendant is too unreasonable.

2. Each of the crimes of this case is deemed to have been punished several times due to the following: (a) the Defendant driven a D truck without obtaining a license for four times; (b) the Defendant refused to take a two-time level of alcohol; (c) the two-time medical treatment for each of the two-day medical treatment; (d) the occurrence of a traffic accident; and (e) the occurrence of a crime repeatedly is not somewhat poor in light of the fact that the Defendant repeatedly committed a crime; (b) the Defendant, even after the revocation of the driver’s license on June 28, 2011, has been punished for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Free Driver’s License). In light of this, the Defendant appears to have been under the license for the same kind of crime; (d) the Defendant has already been subject to criminal punishment on several occasions; and (e) the Defendant committed a crime of violating the Road Traffic Act (Free Driver’s License) on May 6, 2013, without being sentenced to a fine of KRW 10 million.

However, it seems that the defendant has been detained for three months in depth, and it seems that he actively endeavored to prevent the same kind of crime, such as beginning to receive alcohol addiction treatment and employing a driver, etc. It seems that there is no history of criminal punishment other than a fine, the degree of damage to victims of the traffic accident of this case is minor, and considerable part of the damage can be recovered due to the defendant's vehicle being covered by the comprehensive insurance.

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