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(영문) 부산고등법원 2013.05.16 2013노141
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Examining the various sentencing conditions in the instant case, there are favorable circumstances for the Defendant, such as the fact that the Defendant confessions all the criminal facts of the instant case and repents his mistake.

However, the defendant has three times the same criminal records, and the blood alcohol content of the defendant at the time of the crime of this case is not lower than 0.067%, and the Road Traffic Act amended on June 8, 2011 provides that a person who has violated the prohibition clause on drunk driving twice or more shall be punished strictly in the event of a drunk driving again for the purpose of preventing a drunk driving that threatens road traffic safety and overcing the awareness of such violation, and that the sentence of a fine of 5 million won imposed by the court below is the lowest sentence against the crime of this case, and other various sentencing conditions specified in the argument of this case, such as the defendant's age, character, and environment, it is not recognized that the sentence imposed by the court below against the defendant is too unfair.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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