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(영문) 부산지방법원 2014.08.29 2014노1902

도로교통법위반(사고후미조치)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of a fine of three million won imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the judgment of the Defendant recognized the instant crime and against his mistake; the first offender who had no record of criminal punishment previously; the damage recovery was made by the taxi mutual aid association; there was a family member to support, such as the aged parents, wife, and two children; and the economic situation did not change.

However, considering that the crime of this case was committed by the Defendant without taking any measures to cause damage to the damaged vehicle’s gate and the left-hand side without taking any measures, it is not easy for the lower court to determine the sentence in consideration of various circumstances. The lower court appears to have determined the sentence in light of the fact that there was no change of circumstances in the situation at the trial, and other various circumstances, including the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime, and circumstances after the crime, etc., the lower court’s punishment is 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 since it is without merit. It is so decided as per Disposition.