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(영문) 부산지방법원 2016.04.19 2016노928
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. It is recognized that the circumstances such as the fact that the Defendant recognized the instant crime and reflects his mistake, the fact that the Defendant suffers from high blood pressure, urology, etc., and the family members to support the Defendant are recognized.

However, the crime of this case is committed by the defendant without a driver's license that the case of driving a motor vehicle while under the influence of 0.063% alcohol level is not less severe, and the defendant has been punished several times due to the same crime. In particular, on December 8, 2014, the Busan District Court sentenced the same crime to the suspension of execution on December 16, 2014 and sentenced to the suspension of execution on December 16, 2014 and sentenced to the suspension of execution on December 16, 2014, which again commits the crime of this case while the suspension of execution becomes final and conclusive, and the driving distance is short as a crime that causes harm not only to himself but also to another person's life and body.

Even if a net accident cannot be avoided, and to that end, the amended Road Traffic Act strengthens punishment by raising the statutory penalty for the crime of drinking alcohol driving, and considering the following circumstances comprehensively, such as the Defendant’s age, environment, family relationship, circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the sentence of the lower court is too unreasonable.

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

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