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(영문) 부산지방법원 2014.08.22 2014노1879
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of KRW 3.5 million imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the Defendant recognized each of the instant crimes and against his mistake, agreed with D, the victim of the traffic accident, economic situation as a basic living recipient is not strong, and there is a family member to support such as the aged mother.

However, in light of the fact that the Defendant driven a motor vehicle while under the influence of alcohol 0.131% without a driver’s license, and the case is not less and less in light of blood alcohol concentration, etc., and the lower court appears to have determined a fine more reduced than a summary order in consideration of the aforementioned favorable circumstances, taking into account the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment cannot be deemed 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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