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(영문) 부산지방법원 2013.11.08 2013노210

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 KRW 4 million imposed by the court below on the defendant.

2. It is recognized that the circumstances such as the Defendant’s failure to keep the distance from driving by the instant crime, the recognition of all of the instant crime and reflects, and the fact that there was no record of punishment for the same kind of crime since 2004.

However, the crime of this case is deemed to have driven a vehicle under the influence of 0.152% of blood alcohol level, and the case is not less severe in light of the level of driving, the defendant has been punished for driving prior to drinking, and there have been additional damage caused by the crime of this case. Considering the above circumstances favorable to the defendant, the court below seems to have sentenced to a fine of KRW 4 million reduced than the summary order in consideration of the above circumstances in light of the defendant's age, environment, family relationship, occupation, and all other circumstances that form the conditions of sentencing as indicated in the records, such as the defendant's age, family relation, occupation, and the background of the crime of this case, the sentence of the court below is not unreasonable.

Defendant’s assertion is without merit.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.