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(영문) 부산지방법원 2016.11.18 2016노3153
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment, 120 hours of community service order, and 40 hours of order to attend a compliance driving lecture) of the lower court is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case against the wrongness, and that the defendant suffered from disease such as vertebrate separation certificate and compact disc, etc.

However, the crime of this case was committed by the defendant without a driver's license and operated 300 meters of eccoo vehicle under the influence of 0.070% of 0.0% of ecoo vehicle, but the case was not somewhat weak. The defendant was punished four times by a fine due to a drunk driving, and the revised Road Traffic Act was a serious crime causing danger to the life and body of himself/herself and others. The revised Road Traffic Act was increased by the statutory punishment, and strengthened criminal punishment by dividing the statutory punishment according to the violation power, blood alcohol concentration, and blood alcohol concentration. As seen above, the defendant suffered from light spinbrates and light disc, etc., and the defendant was hospitalized for treatment from Jun. 2, 2016 to July 8, 2016. However, it is not deemed impossible or extremely difficult for the defendant to carry out community service order, and it seems unreasonable to comprehensively consider the circumstances before and after the crime of this case, as well as the circumstances surrounding the crime of this case’s age and the circumstances before and after the crime of this case’s age.

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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