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(영문) 부산지방법원 2014.06.27 2014노1374
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 4 million imposed by the court below on the defendant.

2. It is recognized that the judgment of the defendant recognized the crime of this case and is against the nature of the defendant, support the victim of a malk's disease and the pregnant wife, economicly difficult, and there is no record of criminal punishment except punishment of a fine once by larceny.

However, drinking driving is a serious crime that may endanger the life and body of himself/herself and others, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the crime. The crime of this case is that the defendant drives a vehicle under the influence of alcohol level of 0.184%, and the defendant's driving of the vehicle under the influence of alcohol level of 0.184%, in light of the degree of drinking alcohol level of the defendant or the risk of drinking driving, the case is not easy in light of the degree of drinking or the risk of drinking driving, and the vehicle accident that causes damage by even shocking and damaging the parts of the cargo loaded on the road due to the crime of this case. At the time, it does not seem that there is an imminent or inevitable circumstance that the defendant must drive in the influence of alcohol level, and other various circumstances that are the conditions of sentencing as stated in the records, such as the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, and the situation before and after the

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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