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(영문) 부산지방법원 2013.10.11 2013노2079

도로교통법위반(사고후미조치)등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the fine of KRW 3.5 million imposed by the court below is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflects his mistake in depth, the Defendant had no record of criminal punishment prior to a drunk driving, the Defendant is faced with economic difficulties, and the Defendant compensates for both physical damage and agreed with the victim.

However, the crime of this case is committed without taking any measures to remove an accident by shocking another vehicle while driving the truck under the influence of alcohol, and the case is not less than 0.091% since the blood alcohol level reaches 0.091%, even though the injured vehicle knew that the Defendant was driving the vehicle, leaving the scene by driving the vehicle, and taking into account all other circumstances such as the Defendant’s age, environment, family relationship, occupation, occurrence of the accident, circumstance before and after the crime, etc., the court below’s punishment is unreasonable.

Defendant’s assertion is without merit.

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