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(영문) 부산지방법원 2016.04.08 2016노782
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. It is recognized that the circumstances, such as the fact that the Defendant recognized the instant crime and reflects the wrongness and that the Defendant’s health is not good.

However, the crime of this case is that the defendant drives a motor vehicle with a alcohol level of 0.137% on August 28, 2015 without a driver's license and drives a motor vehicle with a alcohol level of 0.202% on September 7, 2015, in light of the frequency of the crime and the degree of alcohol concentration during blood, etc., the case is not less vulnerable; the defendant has five times of punishment (4 times of punishment, four times of suspension of execution, one time of suspension of execution) for the same crime; the driving distance is less than that of the crime that causes harm not only to himself/herself 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 punishment for the crime of drinking alcohol driving, and comprehensively considering the defendant's age, environment, family relationship, circumstances leading to the instant crime, circumstances before and after the instant crime, and other various circumstances that form the conditions for sentencing as shown in the record, such as the circumstances before and after the instant crime, 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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