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(영문) 부산지방법원 2014.06.13 2014노345
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 4 million imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s mistake against himself, and the driving of the instant crime in P.M. after drinking the body of water with a new wall, led to the instant crime, and the economic situation did not seem.

However, the Defendant’s blood alcohol content is not lower than 0.117%, and the Defendant’s blood alcohol content does not lower the numerical value, and the Defendant caused an accident that causes a shock of a vehicle parked while driving under the influence of alcohol, and the Defendant was punished by a fine of KRW 1 million on March 20, 2013, but only 5 months have passed since it was punished by a drunk driving on March 20, 2013, and the Defendant committed the instant crime, which is also more than 5 months, and the amended Road Traffic Act strengthens the criminal punishment by raising the statutory penalty against the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and circumstances after the instant crime, etc., it is not recognized that the sentence of the lower court is unreasonable because it is too excessive.

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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