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(영문) 부산지방법원 2013.06.21 2013노395
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable to impose a fine of KRW 700,00,000, imposed by the court below on the defendant.

2. It is recognized that the circumstances, such as the fact that the Defendant’s driving distance by the instant crime was relatively short, that there was no record of punishment for the same kind of crime before, that there was no good health, and that there was an economic difficulty.

However, the crime of this case is under the influence of alcohol, and the case is not weak, and the defendant again committed the crime of this case even though he had been already punished several times prior to the crime of this case, including a suspended sentence, even though he had the record that had already been punished several times prior to the crime of this case. Considering the circumstances favorable to the defendant, the court below sentenced to a fine of KRW 70,000,000,000, which has been mitigated compared to the summary order, and taking into account all other circumstances that form the conditions of sentencing as shown in the records, such as the defendant's age, environment, family relationship, occupation,

Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal of this case 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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