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(영문) 부산지방법원 2015.01.16 2014노3312
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 one million won imposed by the court below on the defendant.

2. The judgment 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 of this case. It is recognized that the crime of this case is committed by the Defendant, while under the influence of alcohol by 0.068%, driving a motor vehicle at approximately 10km, and the case is not weak in light of the degree of driving, driving distance, risk of drinking driving, etc. of the Defendant, and it does not seem that there was an imminent or inevitable circumstance that the Defendant is under the influence of alcohol at the time of the crime of this case.

On the other hand, there are also circumstances such as the fact that the defendant repented his mistake, the crime of this case did not cause any additional damage such as traffic accident, economic difficulty as a recipient of basic living security, the health of a recipient of basic living security is not good, and there is no record of criminal punishment since 2011.

Considering the above circumstances comprehensively taking into account the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime, and various circumstances that form the conditions for sentencing as indicated in the record, such as the circumstances before and after the instant crime, the lower court’s punishment 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.

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