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(영문) 부산지방법원 2014.11.14 2014노2839

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of KRW 7 million imposed by the court below against the defendant is too unreasonable.

2. The judgment of the Defendant recognized each of the instant crimes, and recognized the following circumstances: (a) the Defendant reflects his or her mistake; (b) the health of the previous victim of the traffic accident is not good due to the traffic accident; and (c) the economic situation is not excessive

However, each of the crimes of this case is that the defendant's driving of a motor vehicle under the influence of alcohol 0.160% with no mandatory insurance without a driver's license, is shocking the victim E-driving in the front direction, and the above motor vehicle is damaged by shocking the victim H driver's motor vehicle which was traveling on the front direction by the shocking the above motor vehicle, and it does not seem that there is an urgent or inevitable circumstance for the defendant to drive the motor vehicle under the influence of alcohol. Since the driving of the motor vehicle is a serious crime causing danger to his/her life and body, the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment for the crime of this case by driving the motor vehicle under the influence of alcohol 4 million won, despite being punished by a fine of 4 million won for driving under the influence of alcohol in 2013, the court below seems to have determined the defendant's punishment by taking account of various circumstances, the defendant's age, circumstances, occupation, and circumstances that led to the crime of this case, and the circumstances of this case's punishment after considering various circumstances.

Therefore, the 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.