beta
(영문) 부산지방법원 2014.08.29 2014노1456

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 KRW 7 million imposed by the court below against the defendant is too unreasonable.

2. The crime of this case is acknowledged to be a primary offender who had no record of criminal punishment prior to the crime of this case. However, in light of the blood alcohol concentration of the defendant driving a motor vehicle while under the influence of 0.261% of the blood alcohol concentration and the risk of drunk driving accordingly, the crime of this case is of significant importance in light of the blood alcohol concentration and the risk of drunk driving. The drinking driving is a serious crime causing harm to the life and body of others as well as the driver. The current Road Traffic Act provides that the blood alcohol concentration shall be punished more strictly in cases where the blood alcohol concentration is 0.2% or more for the purpose of preventing the drunk driving under the influence of traffic safety and overcoming awareness of it, there is no inevitable circumstance that should have been driven under the influence of alcohol at the time. In addition, considering the various circumstances such as the defendant's age, character, environment, motive, means and consequence of the crime of this case, the sentence of the court below is too unreasonable.

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.