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(영문) 부산지방법원 2013.11.29 2013노2893
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the Defendant’s driving distance is not relatively long, and that the Defendant did not cause a traffic accident due to the instant crime; the Defendant recognized all the instant crime and reflects his mistake by drinking life for about 160 days; the Defendant is going to not drive under the influence of alcohol again; the Defendant is a disabled person of class 6 with delay disability; the Defendant’s will guide the Defendant; and the Defendant’s will have been asserting the Defendant’s front position.

However, the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for a serious crime that may endanger the life and body of himself/herself and others. The crime of this case is that the defendant is driving a motor vehicle while under the influence of 0.184% alcohol level, and its driving is not easy in light of the degree of the driving of the motor vehicle, and there is no urgent or inevitable circumstance that the defendant should drive the motor vehicle under the influence of alcohol level at the time, and it seems to have driven the motor vehicle under the influence of drinking, such as the situation that the defendant was driving the motor vehicle under the influence of alcohol level, and the situation that the defendant was driving the motor vehicle under the influence of alcohol level without driving and driving under the influence of signal while driving the motor vehicle under the influence of alcohol level. The defendant had been sentenced to a suspended sentence on November 20, 209, and the defendant was already sentenced to a fine for driving under the influence of alcohol level and the suspended sentence on June 1, 2012.

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