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(영문) 부산지방법원 2015.02.13 2014노3884

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 two million won imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant recognized the instant crime and reflects his mistake, and there is a family member to provide support, such as his/her child, and the economic situation seems to be unreasonable.

However, the crime of this case is deemed to have driven a motor vehicle while under the influence of alcohol of 0.070%, and the case is not less severe in light of the blood alcohol concentration, and there was the record of punishment for the same kind of crime before, and it does not seem that there was an imminent or inevitable circumstance that the defendant should drive under the influence of alcohol. The revised Road Traffic Act, which is a serious crime causing harm to the life and body of himself/herself and others, strengthens criminal punishment by raising the statutory punishment for the crime, and other various circumstances, including the defendant's age, environment, occupation, family relation, circumstance leading to the crime of this case, and detection, and circumstances after the crime, etc., the sentence of the court below cannot be deemed to be unfair.

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.