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(영문) 부산지방법원 2013.08.30 2012노2489
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable to impose a fine of three million won imposed by the court below on the defendant.

2. It is recognized that the Defendant’s blood alcohol level was relatively high at the time of committing the instant crime, and that the distance from driving the instant crime was not long, and that all of the instant crimes are recognized and reflected.

However, in full view of the following circumstances: (a) the crime of this case committed by the Defendant, without a driver’s license, driven a vehicle under the influence of blood alcohol level of 0.053%; (b) the Defendant was punished for driving without a driver’s license; and (c) the Defendant had the record of having previously been punished for driving without a license; (d) the lower court appears to have sentenced to a fine of KRW 3 million reduced to a summary order in consideration of the aforementioned circumstances favorable to the Defendant; and (e) other circumstances that form the conditions for sentencing specified in the record, such as the Defendant’s age, environment, family relationship, occupation, and the background of the crime

Defendant’s assertion is without merit.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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