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(영문) 부산지방법원 2014.08.29 2014노2054
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 5 million imposed by the court below is too unreasonable.

2. It is recognized that the Defendant’s recognition of the instant crime and reflects the instant crime, relatively old, health is not good due to high blood pressure, urology, etc., economic difficulty, there was no record of criminal punishment for the same crime, and there was no additional damage such as traffic accident due to the instant crime.

However, the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the crime of this case, which is a serious crime that may endanger the life and body of himself/herself and others. The crime of this case is committed by the defendant while under the influence of alcohol by 0.231%, with the influence of alcohol level of 0.231%, and up to the 3km while he/she was driving the cargo at the influence of alcohol level, and the case is not less than the case in light of the degree of drinking or the danger of drunk driving, and it does not seem that there is an urgent or inevitable circumstance that the defendant should drive the vehicle in the influence of alcohol at the time of the crime of this case. The above fine of this case sentenced by the court below is the minimum statutory punishment, and other various circumstances, including the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, and the circumstances before and after the crime, etc., it cannot be deemed 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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