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(영문) 부산지방법원 2014.10.31 2014노1979
도로교통법위반(음주운전)등
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. It is recognized that the Defendant, while drinking with her husband, appears to have committed each of the instant crimes by interesting in a dispute and resulting in a contingency. The circumstances such as the fact that there was no record of criminal punishment after being sentenced to imprisonment for 8 months due to the violation of the Psychotropic Drugs Control Act in 197, economic difficulty, and the fact that the health of the Defendant is not good, such as the recent miscarriage, etc.

However, as a serious crime that may endanger the life and body of himself and others, the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the crime of this case. Each of the crimes of this case is a driving of a vehicle while under the influence of 0.201% of blood alcohol level by a defendant who does not have obtained a driver's license. In light of the degree of drinking alcohol level of the defendant or the risk of drinking driving, the issue is not easy, and there is no urgent or inevitable circumstance that the defendant should drive the vehicle under the influence of alcohol or without a driver's license. At the time, the defendant damaged three vehicles parked for each of the crimes of this case and caused a big accident that causes the driver's vehicle under the influence of the defendant's driver's license. In full view of all other circumstances such as the defendant's age, environment, occupation, family relationship, circumstances leading to each of the crimes of this case, and the circumstances before and after the crimes, etc., the judgment of the court below is too 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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