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(영문) 부산고등법원 (창원) 2013.04.05 2013노41

도로교통법위반(사고후미조치)등

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the grounds for appeal is too unreasonable;

2. Recognizing the facts charged in the instant case, there are favorable factors for sentencing, such as the fact that the Defendant recognized the instant charges and applied against his own will, the fact that only agreed with D, the victim of the traffic accident, the support for the aged old old old old elderly women after divorce with his wife, and the economic situation of his family is difficult.

However, the defendant has been punished several times due to the Road Traffic Act, etc. In particular, at the Changwon District Court's branch on October 18, 2007, the defendant was sentenced to a suspended sentence of 2 years for the violation of the Road Traffic Act (driving). On February 16, 2012, the Changwon District Court sentenced 4 months of imprisonment with prison labor for the violation of the Road Traffic Act (driving) at the Changwon District Court on February 16, 2012, and the execution of the sentence of this case has not been completed. In addition, it is recognized that the defendant committed the crime of this case as long as he did not stop immediately after causing a traffic accident and does not take necessary measures, and it is also recognized that there is an unfavorable sentencing factor such as the fact that the police officer's request for the measurement of legitimate drinking of the crime has not been complied with.

Examining the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. comprehensively, the sentence sentenced by the first instance court is deemed appropriate, and is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.