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(영문) 부산지방법원 2014.04.18 2013노3565
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. It is recognized that the circumstances such as the Defendant’s recognition of the instant crime, the fact that there was no additional damage, such as causing a traffic accident, etc. due to the instant crime, and that he/she must support his/her mother and experienced economic difficulties.

However, the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the crime of this case, which is a serious crime that may endanger the life and body of himself/herself and others. The crime of this case is committed by the defendant while driving a vehicle while under the influence of 0.115% alcohol level, and is found to be abnormal in light of the risk of drinking driving in the light of the risk of drinking driving, and the defendant has been punished several times due to refusal of drinking measurement and unauthorized driving, etc. However, the court below sentenced a fine of three million won, which is the statutory minimum punishment, in light of the fact that it does not seem that there is an imminent or inevitable circumstance that the defendant should drive in the drinking state at the time, and the defendant's age, environment, family relations, occupation, and the circumstances leading to the crime of this case, etc. are considered to be the conditions for sentencing as indicated in the records.

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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