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(영문) 부산지방법원 2014.06.27 2014노829
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the Defendant recognized the instant crime and reflects his mistake, the driving distance of the Defendant is relatively short, and the economic situation of the Defendant is not serious.

However, the crime of this case is that the defendant drives a motor vehicle while under the influence of 0.110% of blood alcohol concentration, and the case is not less severe in light of the blood alcohol concentration, and there are several types of criminal acts before, and there is no urgent or inevitable circumstances that the defendant should drive in the state of drinking, and the drinking driving is a serious crime that may cause harm to the life and body of others as well as the driver, and the current Road Traffic Act provides that the person who violates the prohibition clause of drinking driving shall be punished more strictly if he drives a motor vehicle again for the purpose of preventing the driving under the influence of alcohol level and overcoming the awareness of it, and the punishment of the court below is not unfair in consideration of various circumstances, such as the defendant's age, character and behavior, environment, motive, means and result of the crime of this case, and the circumstances after the crime, etc.

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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