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(영문) 부산지방법원 2014.07.18 2014노1098
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of a fine of eight million won imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects his mistake, and that an acting driver has committed the crime of this case on the wind that the defendant and the acting driver caused a dispute over the expenses of acting driving between the defendant and the acting driver.

However, the crime of this case is that the defendant drives a motor vehicle while under the influence of 0.183% of blood alcohol concentration, and the case is not less severe in light of the blood alcohol concentration, and there is the history of being punished by drinking and driving without obtaining a license prior to the crime of this case. The court below seems to have determined the defendant's punishment in consideration of the above circumstances. The drinking driving is a serious crime that causes harm to the life and body of others as well as the driver. The current Road Traffic Act provides that the person who violates the prohibition clause of drinking driving shall be punished more strictly if he drives a motor vehicle again for the purpose of preventing the drinking driving under the influence of alcohol, and the road traffic Act provides that the person who violates the prohibition clause of drinking driving shall be punished more strictly in the event of driving under the influence of alcohol again at least twice, and other various circumstances, such as the defendant's age, character and behavior, environment, motive, means and result of the crime of this case, and the circumstances after the crime, etc., the sentence of the court below is too 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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