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(영문) 부산지방법원 2016.12.23 2016노3393

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s acknowledgement of the instant crime and reflects the wrongness, and the Defendant’s family members to support the instant crime are recognized.

However, the crime of this case is committed by the defendant under the influence of alcohol level 0.154%, and the case is not less than that of driving SM5 vehicle under the influence of alcohol level 0.154%, and the defendant was punished twice due to drunk driving, and the defendant was punished by a fine, and when driving under the influence of not less than 0.1% of the blood alcohol level, the minimum amount of the fine is 3 million won. The court below sentenced the lowest amount of the above statutory punishment by fully taking into account the favorable circumstances of the defendant. In addition, considering the circumstances and result of the crime of this case, the circumstances after the crime of this case, the character and conduct of the defendant, the environment, and the age of the defendant, the punishment of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.