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(영문) 부산지방법원 2016.11.24 2016노1849
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of a fine of KRW 5 million sentenced by the original judgment on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is not only because the defendant immediately left the road in order to avoid the crackdown on drunk driving, but also that the central separation zone of the road was destroyed by the police officer's access to the opposite lane, and the degree of traffic obstacle caused by the defendant, such as continuing to flee in the situation where the police officer is trackingd and destroying street lights, etc., taking the attitude of recognizing and opposing the defendant's mistake, the defendant has no criminal power, the vehicle driving of the defendant is covered by the comprehensive motor vehicle insurance policy, and all other circumstances such as the defendant's age, character and conduct, environment, motive and circumstance, etc. after the crime, it cannot be deemed that the punishment sentenced by the court below exceeded the proper scope of sentencing discretion, even if considering the following circumstances.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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