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(영문) 부산지방법원 2016.07.07 2016노1661
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The 8-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. The judgment takes the attitude of recognizing and opposing the Defendant’s wrongness, it is recognized that there are circumstances that should be taken into account the circumstances favorable to the Defendant, such as the Defendant’s vehicle being covered by a comprehensive insurance, the Defendant’s vehicle is disposed of to avoid driving alcohol, and efforts to treat alcohol addiction, etc. However, even though the Defendant had been sentenced to imprisonment with prison labor for not more than six months for driving alcohol, etc. on September 10, 201, even though he/she had been sentenced to five times in total, including a total of five times of punishment, such as being sentenced to imprisonment with prison labor for not more than six months for driving alcohol, etc., he/she eventually caused traffic accidents after driving in the underpassing condition of 0.23% alcohol concentration among blood, and thereafter, 20 days thereafter, it is difficult to deny the Defendant’s warning more severe to him/her.

When considering the above circumstances and the overall circumstances such as the defendant's age, sex, environment, records of crimes, circumstances after crimes, etc., the punishment sentenced by the court below is within the scope of the reasonable discretion for sentencing.

The decision is judged.

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.

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