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(영문) 부산지방법원 2015.02.13 2014노4361
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 4 million imposed by the court below against the defendant is too unreasonable.

2. Recognizing the following circumstances: (a) the Defendant recognized the instant crime and reflects his mistake; (b) there are family members, including the aged mother; and (c) economic circumstances are not strong.

However, the crime of this case is deemed to have driven a motor vehicle while under the influence of 0.188% of alcohol concentration, and the case is not less severe in light of the blood alcohol concentration, and even if there had been three times punishment for driving prior to the crime of this case, it is difficult to view that there was an urgent or inevitable circumstance that the defendant should drive the motor vehicle under the influence of alcohol. The crime of this case is a serious crime causing harm to his/her life and body, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment therefor. The court below seems to have already sentenced to a more reduced fine than the summary order in consideration of various circumstances, and taking into account all other various circumstances, such as the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, and circumstances after the crime, etc., the sentence of the court below 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.

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