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(영문) 부산지방법원 2014.03.21 2014노143
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. It is recognized that the circumstances, such as the fact that the Defendant’s mistake was divided and reflected, and that the Defendant is currently supporting the mother and young children.

However, the crime of this case is not less than 0.150% under the influence of alcohol by the defendant while under the influence of 0.150%, and the case is not less less than mix in light of the degree of driving and driving distance as the vehicle driving case. It does not seem that there was an urgent or inevitable circumstance that the defendant should drive under the influence of alcohol at the time. The revised Road Traffic Act has been strengthened criminal punishment by raising the statutory punishment for the serious crime that causes danger to the life and body of himself and others. The defendant committed the crime of this case in the previous time with the past several history of punishment for the same crime. The defendant committed the crime of this case only eight months since he was punished for the same kind of crime, and the motive and circumstance leading up to each crime of this case, the circumstances after the crime, the age and character of the defendant, and the environment. Thus, the sentencing of the court below is too unfair. Thus, the above defendant's assertion is without merit.

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

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