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(영문) 부산지방법원 2015.07.02 2015노1318
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (a fine of KRW 3.5 million) is too unreasonable.

2. The Defendant’s judgment on the grounds of appeal did not have any specific criminal records except for those sentenced to a fine for violation of the Building Act, and recognized the instant crime. However, considering the Defendant’s economic situation, etc., the lower court reduced a fine of KRW 4 million by KRW 3.5 million, which was issued by the summary order, taking into account that the Defendant’s economic condition, etc., and driving under the influence of alcohol was a serious crime that may endanger the life and body of himself/herself and others, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment as to it, and other circumstances, such as the Defendant’s age, health status, motive and circumstance of the crime, means and consequence of the crime, etc., which are the condition of sentencing as indicated in the instant records and arguments, cannot be

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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