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(영문) 부산지방법원 2016.01.22 2015노3875
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. It is recognized that the circumstances such as the recognition of all of the instant crime by the Defendant, and the presumption that the Defendant’s detention would result in the Defendant’s livelihood when the detention is prolonged.

However, the instant case is that the Defendant driven a motor vehicle while under the influence of 0.115% alcohol level in blood and caused the secondary damage by inducing a traffic accident without being limited to a simple driving of alcohol. The Defendant had been punished for the same kind of crime before the instant case, and the Defendant seems to have determined the punishment by reducing the amount of punishment by taking into account the favorable circumstances of the Defendant, and considering all other circumstances, such as the Defendant’s age, environment, family relationship, circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is unreasonable by making it 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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