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(영문) 부산지방법원 2016.10.28 2016노2971
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant recognized the instant crime and reflects the wrongness, the distance driven by the Defendant is shorter than 10 meters, and the Defendant has a family member to support the Defendant.

However, the crime of this case is committed by the defendant under the influence of alcohol level 0.124%, and the case is not less than that of operating a radar, and the defendant was punished once due to a drunk driving, and the defendant was punished by a fine, and when driving under the influence of not less than 0.1% of the blood alcohol level, the minimum amount of the fine is 3 million won. The court below sentenced the lowest amount of the above statutory punishment by fully taking into account the favorable circumstances of the defendant. In addition, considering the circumstances and result of the crime of this case, the circumstances after the crime of this case, the character and conduct of the defendant, the environment, and the age of the defendant, etc., as well as the various circumstances that are the conditions for the punishment specified in the records and arguments of this case, it cannot be deemed unfair for the court below

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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