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(영문) 부산지방법원 2017.01.12 2016노3064
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence of eight months, 40 hours of lecture for compliance driving, 40 hours of lecture for alcohol treatment, 80 hours of community service order) is too uneasy and unreasonable.

2. The judgment driving requires strict punishment for a serious crime that may cause serious threat to the life and body of others as well as himself/herself, and the defendant has been punished five times prior to the crime of this case or for drinking driving, etc., and the defendant seems to have been under the influence of having been sentenced to suspended execution due to the criminal facts that occur while driving in the manner of drinking and having committed an accident while driving in the manner of drinking, etc., it seems that there is considerable lack of compliance consciousness with the road traffic-related laws and regulations that are disadvantageous to the defendant.

However, considering the favorable circumstances such as the Defendant’s recognition of the instant crime and the fact that the Defendant ought to support a bad mother, and other favorable circumstances, such as the Defendant’s age, sex, environment, alcohol concentration level in the Defendant’s blood relative at the time of the instant case, time interval between the same kind of force, circumstances after the instant crime, etc., the sentence imposed by the lower court within the reasonable scope of discretion for sentencing.

The decision is judged.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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