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(영문) 부산지방법원 2016.11.18 2016노3350
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. It is recognized that the circumstances such as the defendant's recognition of the instant crime and reflects his mistake, and the fact that the defendant has a family member to support the Defendant.

However, the crime of this case was committed on November 28, 2014 when the judgment was sentenced to two years of suspended execution as of November 201, 2014 due to the violation of the Road Traffic Act, and the crime of this case was committed during the suspended execution period, even if the driving distance is less than that of a person as a crime causing danger to another person's life and body as well as driving distance, it cannot avoid a net accident. The revised Road Traffic Act strengthens the statutory punishment for the crime of drinking driving by raising the statutory punishment for the crime of this case, and in particular, on November 20, 2014, the defendant was sentenced to two years of suspended execution as of November 28, 2014 due to the violation of the Road Traffic Act (unlicensed) at the Dong branch branch court of Busan District Court, Busan District Court Decision 5 times as of November 20, 2014, and it cannot be considered that the defendant's age, circumstances, and circumstances before and after the crime of this case were unreasonable.

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

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