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(영문) 부산지방법원 2015.08.21 2015노1319
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 4 million imposed by the court below against the defendant is too unreasonable.

2. The circumstances such as the Defendant’s acknowledgement of the instant crime and reflects his mistake, and the Defendant’s absence of the same force are recognized.

However, the crime of this case is about driving under the influence of alcohol 0.168% and the case is not less than that of the defendant. In particular, the crime of driving under the influence of alcohol is strictly punished not only for himself but also for another person's life and body. In this regard, the revised Road Traffic Act also strengthens the punishment; the defendant caused an accident by shocking other vehicles parked as the crime of this case; the defendant's age, environment, family relationship, circumstance leading to the crime of this case, and circumstances before and after the crime, etc., the court below's punishment cannot be deemed to be undue.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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