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(영문) 인천지방법원 2012.10.12 2012노1921

The defendant's appeal is dismissed.


1. The sentencing of the lower court (a fine of five million won) is too large and unreasonable.

2. The fact that the defendant erred in the judgment of the grounds for appeal, that the victim attempted to cross the traffic accident itself, that the victim's fault is large, that the defendant's economic situation is not good, and that the defendant has no record of being punished for traffic-related crimes, shall be considered in light of the circumstances favorable to the defendant.

However, the court below reduced the amount of fine for the initial summary order by taking account of the circumstances favorable to the defendant, and the crime of this case constitutes Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and thus, the statutory punishment of which is more than one year or a fine of more than 5 million won but not more than 30 million won. The court below sentenced 5 million won, which is the lowest fine after choosing a fine after taking into account the following circumstances, including the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc., and all other circumstances that are conditions for the argument of this case and the sentencing specified in the record, it is not recognized that the sentencing of the court below is too unreasonable, and thus, the defendant's assertion is not acceptable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.