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(영문) 부산지방법원 2015.02.13 2014노3866
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 6 million won imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant recognized the instant crime and reflects his mistake, and that the health of the Defendant is not good due to high blood pressure, etc., and that the economic circumstances, such as the applicant for individual rehabilitation, are not excessive.

However, the crime of this case is that the defendant drives a motor vehicle while under the influence of alcohol 0.264% or more in light of the blood alcohol concentration, and the issue is not easy in light of the blood alcohol concentration, and there was two times punishment for the same crime before, and that there was no urgent or inevitable circumstance that the defendant must drive in the state of drinking, and the drinking driving is a serious crime that may cause harm to the life and body of others as well as the driver. The current Road Traffic Act provides that the blood alcohol concentration shall be punished more strictly in cases where the defendant violates the prohibition provision under the influence of alcohol 0.2% or more for the purpose of preventing the drinking driving under the influence of alcohol and overcoming awareness of the fact that the court below seems to have determined the defendant's punishment by taking into account the various circumstances, and the defendant's age, environment, occupation, family relationship, the circumstances leading to the crime of this case, and the circumstances after the crime, etc., are not 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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