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(영문) 부산지방법원 2016.05.13 2016노811
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the circumstances such as the Defendant’s recognition of all of the instant crimes and reflects his mistake, the distance of the Defendant’s driving is relatively short of 300 meters, and the Defendant’s health status is not good.

However, the crime of this case was committed by the Defendant without a driver's license in the manner that the Defendant driven the vehicle in the Bter Ⅱ while under the influence of 0.137% alcohol level without a driver's license. In light of the blood alcohol level level, etc., the crime of this case was committed, which resulted in physical damage caused by the Defendant's driver's vehicle in the Bol 2 inside the Bol 2, due to the crime of this case. The Defendant was punished six times by driving under the influence of alcohol (three times of punishment, three times of suspended sentence, one time of suspended sentence, and two times of punishment). In particular, on August 29, 2014, the Defendant committed the same kind of repeated crime after having been sentenced to eight months of imprisonment on December 30, 2014 by committing a crime of violation of the Road Traffic Act (driving) at the Busan District Court of Busan on August 29, 2014, while the execution of the sentence was completed on December 30, 2014.

Even if a net accident cannot be avoided, and in such purport, the amended Road Traffic Act increased the statutory punishment and strengthened the criminal punishment by dividing the statutory punishment according to the blood alcohol concentration level, taking into comprehensive account the following circumstances: 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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