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(영문) 부산지방법원 2013.11.08 2013노2209
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

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. It is recognized that the circumstances such as the fact that the Defendant recognized the instant crime and reflected the Defendant, that the Defendant disposed of the vehicle after the instant crime, that the Defendant would not drive the vehicle again, that there is a family member to support the Defendant, and that the suspended sentence that was previously sentenced would be invalidated when a sentence is imposed on the Defendant.

However, the crime of this case was sentenced to a two-year suspended sentence for 6 months on August 2, 2012 due to the defendant's act of driving a vehicle while under the influence of 0.10% of alcohol level, in light of the driving level, driving distance, etc. of the vehicle, the issue is not less than 2 km, and there is no urgent or inevitable circumstance that the defendant should drive a vehicle under the influence of alcohol at the time. The defendant had been sentenced to criminal punishment on several occasions due to driving under the influence of alcohol or without a license, and the defendant has been sentenced to a two-year suspended sentence for the violation of the Road Traffic Act (driving) on August 2, 2012. The defendant was sentenced to a two-year suspended sentence for the same vehicle while driving the vehicle during the suspended sentence. The second accident occurred on the expressway due to the defendant's driving under the influence of alcohol, the defendant's act of driving under the influence of alcohol and others caused serious danger to the life and body of the defendant, and the circumstances surrounding the revision of the Road Traffic Act, etc.

Defendant’s assertion is without merit.

3. Accordingly, the defendant's appeal of this case is justified.

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