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(영문) 부산지방법원 2014.07.11 2014노1055
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the fine of KRW 7 million imposed by the court below is too unreasonable.

2. The judgment of the court below is acknowledged that the defendant recognized the crime of this case and it is economically difficult, but the revised Road Traffic Act is a serious crime that may endanger the life and body of himself/herself and others. The revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment for the crime of this case. The crime of this case is that the defendant driven a vehicle while under the influence of alcohol level of 0.194%, and the defendant's driving of the vehicle is not easy in light of the degree of driving or the risk of drinking driving. The defendant has been punished twice for the same crime in 2009, and the defendant does not seem to have any imminent or inevitable circumstance that the defendant should drive in the state of drinking at the time of the crime of this case, taking into account the above circumstances favorable to the defendant, the court below's age, environment, occupation, family relationship, circumstances leading to the crime of this case, and the records before and after the crime of this case are considered to be unfair.

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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