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(영문) 부산지방법원 2014.05.23 2013노4146
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the fine of 6 million won imposed by the court below is too unreasonable.

2. The judgment of the court below is deemed to be against the defendant's recognition of the crime of this case and the fact that the defendant must support his parents, wife, and self-support. However, the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the serious crime that may endanger the life and body of himself and others. The crime of this case is deemed to operate a vehicle while under the influence of alcohol level 0.114%, and the crime of this case is not easy in light of the risk of driving under the influence of alcohol level. The defendant has the records of punishment for the same crime in 2007 and 2009, and even though it appears that the court below sentenced 6 million won reduced than the summary order in consideration of the above circumstances favorable to the defendant, and it seems that the defendant was under the influence of alcohol level or under extenuating circumstances at the time, and the defendant's age, age, occupation, family relationship, circumstances leading to the crime of this case, and the circumstances before and after the crime of this case, it cannot be seen that the court below's judgment is unfair in full view of various circumstances.

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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