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(영문) 부산지방법원 2015.01.23 2014노3946
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of KRW 7 million imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant recognized each of the instant crimes and reflected his mistake, the degree of damage is relatively minor, the agreement with the victim G was reached, two children, etc., and there are family members to support the Defendant, who are beneficiaries of basic living benefits, with no economic situation.

However, each of the crimes of this case is that the defendant escaped without taking necessary measures to remove traffic accidents that damage the above vehicles and the items displayed on the screen board by shocking the car's virtual plate of the victim's stores while driving a motor vehicle under the influence of alcohol content of 0.239% of the blood alcohol concentration, and then runs away without any agreement with the victim D, in light of the blood alcohol concentration and the circumstances of the crime, etc., the crime is not easy, and the records of punishment for the same crime are not reached up to the trial. The court below seems to have sentenced the defendant to a fine more reduced than the summary order in consideration of various circumstances, and taking into account other circumstances such as the defendant's age, environment, occupation, family relationship, circumstances leading to each of the crimes of this case, and circumstances after the crime, etc., the court below's punishment is inappropriate.

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.

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