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(영문) 부산지방법원 2015.02.13 2014노4162
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty of 1.5 million won imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the Defendant’s mistake is divided, that is the primary offender who has no record of criminal punishment, and that there was no additional damage such as traffic accident due to the instant crime, economic difficulty, health is not good, and that university students should support his or her father and wife.

However, the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for a serious crime that may endanger the life and body of himself/herself and other persons. The crime of this case is committed by the defendant under the influence of alcohol level 0.094%, and it does not seem that the defendant's driving of a motor vehicle under the influence of alcohol level is not easy in light of the degree of drinking alcohol level of the defendant or the risk of drunk driving, and it does not seem that there was an imminent or inevitable circumstance that the defendant should drive a motor vehicle under the influence of alcohol level at the time of the crime of this case. In full view of the above circumstances favorable to the defendant, the court below sentenced a fine that has been reduced more than the summary order in consideration of the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, and other various circumstances that form the conditions of sentencing as shown in the records, such as the punishment of the court below is unreasonable because it is too unreasonable.

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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