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(영문) 부산지방법원 2015.03.13 2014노4411
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 7 million imposed by the court below against the defendant is too unfasible.

2. The crime of this case is established that the Defendant committed a crime of drinking alcohol twice in 2012 and 2014, even though there has been a long history of having been sentenced to a fine, and thus, the crime of the same kind of drinking alcohol is not less vulnerable to the nature of the crime. The revised Road Traffic Act, which is a serious crime that inflicts bodily harm on the life and body of himself/herself and others, strengthens criminal punishment by raising the statutory penalty for the crime.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the Defendant did not cause any additional damage, such as traffic accidents, etc. due to the instant crime; (c) the Defendant did not have any criminal record except for the punishment of fines twice due to drunk driving; (d) disposed of the vehicle possessed by the Defendant while making the Defendant not to repeat the crime; and (e) other circumstances, such as the Defendant’s age, environment, family relationship, circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s sentence is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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