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(영문) 부산지방법원 2014.06.27 2014노974
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 Defendant recognized the instant crime and against his mistake, and that the economic situation did not change.

However, the crime of this case is deemed to have driven a motor vehicle while under the influence of alcohol 0.140% with blood alcohol concentration and the case is not less severe in light of the blood alcohol concentration, and the drinking driving is a serious crime causing bodily harm to himself/herself and others, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment on the crime, and cannot find any inevitable circumstances that should have been conducted at the time, and it appears that the court below already determined a fine to be reduced compared with the summary order in consideration of the above favorable circumstances, and all other circumstances, including the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, and circumstances after the crime, etc., are considered to have been attached to the punishment specified in the records, and it is not unreasonable for the court below to be sentenced to punishment.

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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