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(영문) 부산지방법원 2014.08.05 2014노1183
도로교통법위반(음주운전)
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 5 million imposed by the court below is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant recognized the instant crime and reflects the instant crime, that there is difficulty in working for a long time by combining the bridge, that there is no economic penalty, that there is no record of criminal punishment other than a fine, and that there is no record of criminal punishment for the same kind of crime.

However, the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the crime of this case, which is a serious crime that may endanger the life and body of himself/herself and others. The crime of this case is committed by the defendant while under the influence of 0.274% alcohol level, and caused a traffic accident that causes damage to the road by shocking on the divers of the defendant while driving on the divers, etc. In light of the degree of the defendant's drinking or the risk of drinking driving, it does not seem that there is an urgent or inevitable circumstance that the defendant should drive on the road at the time of the crime of this case (the defendant asserts that the substitute engineer driven the above vehicle without drinking on the road, but it is difficult to view that the circumstance alleged by the defendant is inevitable or unavoidable because he/she should have driven on the road at the time). Nevertheless, considering the above circumstances favorable to the defendant, the court below's sentencing at the time or the minimum statutory punishment reduced by 2 million won compared to the summary order, the circumstances before and after the crime of this case, and the circumstances surrounding the defendant's occupation and circumstances.

Therefore, the defendant's assertion.

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