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(영문) 부산지방법원 2014.07.25 2014노1359

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable to impose a fine of three million won imposed by the court below on the defendant.

2. Determination is recognized as the following: (a) the Defendant recognized the instant crime and reflects the Defendant; (b) the Defendant currently undergoes regular inspections and medical treatment on April 15, 2010; (c) the wife suffers from the 6th degree disabled person and the 6th degree disabled person; and (d) the economic difficulty is recognized.

However, drinking driving is a serious crime that may endanger the life and body of himself/herself and others, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory penalty for the crime. The crime of this case also causes two vehicles parked while driving a vehicle under the influence of alcohol level of 0.140%, in light of the defendant's driving level or the risk of drinking driving, etc., the case is not less severe, and the defendant has already been sentenced to a fine of three million won reduced by the summary order in consideration of the above circumstances favorable to the defendant. Nevertheless, considering the above circumstances, the court below sentenced the above fine of three million won reduced by the summary order, the above fine of the court below is the statutory minimum punishment, the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, and the circumstances before and after the crime, etc., it cannot be deemed unfair by the court below.

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.