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(영문) 부산지방법원 2020.12.03 2020노2156

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of eight million won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In a trial, the punishment imposed by the court below is heavy since it is performed within the reasonable scope of discretion, in full view of the following: (a) there is no new circumstance to change the sentence of the court below; (b) there is a high risk of infringing on the life or body of the citizens using roads as well as their drivers; (c) the blood alcohol level of the defendant is high to 0.197%; (d) the Defendant’s blood alcohol level is high to 70km; and (e) the Defendant’s distance of driving under the influence of alcohol exceeds 70km; and (e) other various sentencing conditions,

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.