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(영문) 부산지방법원 2013.11.15 2013노2765
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 KRW 5 million imposed by the court below is too unreasonable.

2. It is recognized that the circumstances such as the fact that the Defendant’s blood alcohol concentration is relatively high in terms of the suspension of license, family members to support, and economic difficulties are recognized.

However, the crime of this case is that the defendant drives a motor vehicle under the influence of alcohol level of 0.077% without a driver's license, and the case is not weak, and it does not seem that there was an imminent or inevitable circumstance that the defendant should drive the motor vehicle under the influence of alcohol at the time of the crime of this case, and the revised Road Traffic Act has strengthened criminal punishment by raising the statutory punishment for the serious crime that may endanger the life and body of himself/herself and others. The defendant again commits the crime of this case without being aware of the history of criminal punishment prior to driving under the influence of alcohol and without a driver's license, and all other circumstances, including the defendant's age, environment, family relationship, occupation, and the circumstances leading to the crime of this case, etc., the sentence of the court below is unreasonable.

Defendant’s assertion is without merit.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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