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(영문) 부산지방법원 2014.11.07 2014노3035
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the imprisonment of eight months imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the judgment of the Defendant recognized the instant crime and reflects his mistake, and that there is a family member to support the instant crime, such as the mother of the aged who is not healthy, and disposes of the motor vehicle provided for the instant crime.

However, the crime of this case is that the defendant drives a motor vehicle while under the influence of 0.201% of blood alcohol concentration, and the case is not less severe in light of the blood alcohol concentration, and there were several records of punishment including suspended sentence for the same kind of crime before, and that there is no urgent or inevitable circumstance that the defendant should drive in the state of drinking. The drinking driving is a serious crime that causes harm to the life and body of others as well as the driver. The current Road Traffic Act provides that the blood alcohol concentration is more than 0.2% or more severe punishment if the driver violates the prohibition clause under the influence of alcohol on more than two occasions. The court below seems to have determined the defendant's punishment after mitigation in light of the previous various circumstances, and the defendant's age, age, occupation, family relationship, circumstances leading to the crime of this case, and circumstances after the crime of this case, etc. are considered to be unfair.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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