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(영문) 창원지방법원 2016.08.11 2016노1155

도로교통법위반(사고후미조치)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is unfair because the punishment (6 million won in penalty) imposed by the defendant is too unreasonable.

2. A favorable circumstance is that the Defendant’s spouse is receiving long-term medical care benefits for persons with disabilities of grade 2 with physical disability, such as the following: (a) the Defendant’s confession and reflect on the facts constituting an offense; (b) the distance from driving alcohol is about 10 meters; (c) the vehicle is being covered by automobile insurance; (d) the Defendant’s health or economic conditions are not good; and (e) the Defendant’s spouse is receiving long-term medical care benefits for persons with disabilities of grade

On the other hand, when committing the instant crime, the alcohol level of the Defendant’s blood was 0.248%, and the traffic accident caused by the parked victim vehicle while driving the harming vehicle in such a state of drinking is not immediately stopped and necessary measures are not taken to cause physical damage, and thus, the nature of the relevant crime is not good, and the Defendant was arrested in the scene of the accident by blocking the vehicle after receiving a report immediately after the crime, and the Defendant was arrested by the police officer who was dispatched in the process of the crime, and was arrested as a flagrant offender by refusing to disclose his or her personal information and attempted to leave the scene.

In addition, considering the overall circumstances, the lower court’s punishment against the Defendant is deemed to have been determined by taking into account various circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, the lower court’s punishment is not deemed to be unfair because it is too unreasonable for the lower court to have imposed punishment.

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