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(영문) 부산지방법원 2016.06.03 2016노986
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended execution in six months of imprisonment, and two hours of community service order 120 hours) on the summary of the grounds of appeal is too unreasonable.

2. It is recognized that the circumstances such as the defendant's recognition of the crime of this case reflects the mistake, the defendant has no record of punishment for the same crime between the past seven years, and the defendant has a family member to support the defendant.

However, the crime of this case is that the defendant drives a vehicle while under influence of 0.243% alcohol level in blood, and the case is not less and less in light of the figure of alcohol level in blood, and the defendant has been punished three times by a fine due to the same crime, and the crime of driving alcohol requires strict punishment not only the defendant but also the other person's life and body. The revised Road Traffic Act strengthens punishment for the crime of driving alcohol in such a purport, and comprehensively takes into account other various circumstances that are the conditions for sentencing indicated in the records, such as the defendant's age, environment, family relationship, circumstances leading to the crime of this case, and conditions before and after the crime, etc., the sentence of the court below 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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