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(영문) 부산지방법원 2014.05.30 2014노1205
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable that the punishment of 8 months sentenced by the defendant is too unreasonable.

2. The judgment is a serious crime that may endanger the life and body of himself/herself and others, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the crime. Each of the crimes of this case is recognized that the defendant driving a vehicle while under the influence of alcohol of 0.119% under the influence of alcohol level when his/her driver's license is revoked, and the case is not less than that of the defendant in light of the degree of driving or the risk of drinking under the influence of alcohol level, and the defendant has been sentenced to imprisonment for the same crime of the same kind, four times or more, including the defendant being sentenced to imprisonment for four months and the suspension of execution for two years, and in particular, even if he/she was sentenced to a fine by the Busan District Court on September 16, 2013 and was sentenced to a fine for a violation of the Road Traffic Act (driving) at the Busan District Court on September 16, 2013, each of the crimes of this case has

However, in full view of the following: (a) the Defendant’s recognition of all of the instant offenses; (b) the Defendant has been detained for approximately two months, and is repeatedly going against drinking again; (c) the driving distance of the Defendant does not extend; (d) the Defendant’s family members did not cause a traffic accident; (e) the Defendant’s family members and many other persons wish to be placed in the Defendant; and (e) the Defendant’s age, environment, occupation, family relationship; and (e) other circumstances constituting the conditions for sentencing as indicated in the record, including the background leading up to each of the instant offenses; and (e) the circumstances before and after the commission of the offense, the lower court’s punishment is unreasonable.

Therefore, the defendant's argument is justified.

3. Accordingly, the defendant's appeal is justified, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the appeal is followed again.

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