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(영문) 부산지방법원 2015.05.22 2014노3897

도로교통법위반(음주운전)

Text

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. It is recognized that the circumstances such as the defendant's acknowledgement of the crime of this case reflects his mistake and the defendant's economic situation is not sufficient.

However, although the crime of this case was committed before and after several times (the defendant was sentenced to a fine of two million won due to a drunk driving in 2007, a fine of three million won due to a drunk driving in 201, a fine of ten million won due to a drunk driving in 2011, and a fine of ten million won due to a drunk driving in 2013, etc.), it is not easy that the case is driving at 0.123% of the blood alcohol level in 2013, and it is necessary to strictly punish not only the person himself but also the person in question, and the person in question has a serious risk of undermining the life and body of others. The revised Road Traffic Act also strengthens the punishment and strengthens the punishment for the person in question, and considering all other circumstances that form the conditions for sentencing as shown in the record, such as the defendant's age, environment, family relationship, and circumstances before and after the crime, it is not deemed unfair.

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.