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(영문) 부산지방법원 2013.08.23 2013노1210
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable to impose a fine of three million won imposed by the court below on the defendant.

2. It is recognized that the circumstances such as the Defendant’s failure to keep the distance from driving by the instant crime, and that there was no previous record of punishment for the same kind of crime, and that there was no fixed import and economic difficulty.

However, the crime of this case is deemed to have driven a vehicle in the state of blood alcohol concentration of 0.153%, and the case is not less severe, considering the above circumstances favorable to the defendant, and the court below seems to have sentenced to a fine of 3 million won, which is the minimum statutory penalty reduced than the summary order, in consideration of the above circumstances favorable to the defendant. In full view of all other circumstances, the defendant's age, environment, family relationship, occupation, and the circumstances surrounding 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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