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(영문) 부산지방법원 2015.07.09 2015노1243

도로교통법위반(사고후미조치)등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (five million won of fine) is too unreasonable.

2. The judgment on the grounds of appeal does not have any specific criminal records except for the defendant who was sentenced to a fine for the crime of assault and the crime of violation of the Establishment of Reserve Forces Act, and all of the crimes of this case are recognized. However, considering the defendant's economic condition, the court below reduced a fine of KRW 6 million by a fine of KRW 5 million issued in the summary order. The revised Road Traffic Act is a serious crime causing harm to the defendant's life and body. The revised Road Traffic Act strengthens the statutory punishment by raising the statutory punishment. The defendant was driven under the influence of alcohol level of 0.185%, while driving under the influence of alcohol, but did not take any measure, even if the defendant caused an accident involving the line of delivery on the right side and the opposite direction, it cannot be deemed that the defendant's age, health condition, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., and all of the sentencing conditions specified in the records and arguments of this case are too heavy.

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.