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(영문) 부산지방법원 2014.11.21 2014노3200
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 KRW 7 million imposed by the court below is too unreasonable.

2. It is recognized that there are circumstances such as the fact that the Defendant’s judgment is against the Defendant, that it is economically difficult for the Defendant as a basic living recipient, and that the wife and children must support them, that is, scracker fever, spine colonism, vertebrate, cryposis, cryposis, food-related disease, high blood pressure, fratitis, and so forth, and that the ability to work was reduced without good health, and that there was no additional damage such as a traffic accident due to the instant crime, and that there was no record of criminal punishment since 2011.

However, drinking driving is a serious crime that may endanger the life and body of himself/herself and others, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for it. In particular, the provision was newly established that a person who has been punished for drinking driving two times or more shall be punished by imprisonment with prison labor for not less than one year but not more than three years or by a fine not less than ten million won but not more than five million won when driving a motor vehicle, etc. under the influence of alcohol again. The crime of this case was committed in the past six times from 2001 to 2010 by the defendant who has already been sentenced to six times or more of the same crime and has had a record of criminal punishment for the same kind of crime, and driving a motor vehicle under the influence of alcohol in light of the degree of drinking alcohol or the risk of drinking driving. In light of the fact that the defendant driven a motor vehicle under the influence of alcohol and it does not seem that there is an imminent or inevitable circumstance that the defendant should drive a motor vehicle under the influence of alcohol at the time of the crime of this case.

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