logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.12.12 2014노3433
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 1.5 million imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the circumstances, such as the Defendant’s recognition of the instant crime and reflects his mistake, the primary offender who had no record of criminal punishment previously, and the family members to support his wife and children, and the economic situation did not change.

However, the crime of this case is deemed to have driven a motor vehicle while under the influence of alcohol of 0.067% with a blood alcohol level, and it does not seem that the case is less severe in light of the risk of driving under the influence of alcohol, and there is no urgent or inevitable circumstance that the defendant should drive the motor vehicle under the influence of alcohol. The revised Road Traffic Act, which is a serious crime causing bodily harm and bodily harm to himself/herself and others, strengthens criminal punishment by raising the statutory punishment therefor. The court below seems to have determined a sentence against the defendant in consideration of various circumstances, and other various circumstances, including the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, and circumstances after the crime, etc., the court below's punishment is 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.

arrow