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(영문) 부산지방법원 2015.11.26 2015노3094
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of various sentencing conditions in light of the gist of the grounds for appeal, the lower court’s punishment (three million won of fine) is too unreasonable.

2. The judgment of the grounds for appeal did not have the record of punishment for the same crime and recognized the crime of this case. However, the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the crime of this case is a serious crime that may endanger the life and body of the defendant and others. The crime of this case is driving a motor vehicle while under influence of 0.134% of the statutory punishment for the crime of this case. The punishment of this case constitutes imprisonment with prison labor for not less than six months but not more than one year or a fine of not less than three million won but not more than five million won. The punishment of the fine of three million won imposed by the court below is the highest punishment within the scope of the punishment, and other various circumstances, including the defendant's age, character and conduct, and environment, which are the conditions for sentencing as specified in the records and arguments of this case, it cannot be deemed that the punishment of the court below is too heavy even if considering the circumstances surrounding the defendant's drinking operation.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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