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(영문) 부산지방법원 2016.10.21 2016노2497
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s acknowledgement of the instant crime and reflects the wrongness, and the Defendant’s family members to support the instant crime are recognized.

However, the crime of this case was committed by the defendant while driving a towing vehicle under the influence of 0.110% of alcohol level, and the defendant escaped without any damage equivalent to KRW 1,054,48 of the repair cost, even though he was parked by the victim F while driving the towing vehicle under the influence of alcohol level of 0.110%, and the crime of this case was committed in light of the content and circumstances of the crime, the degree of blood alcohol level concentration, etc., and the case is not less complicated. The defendant, as a towing vehicle driver, even though taking charge of the operation at the scene of the insurance company, was well aware of the necessity of follow-up measures after the occurrence of the traffic accident, he escaped after the occurrence of the accident, and the defendant was sentenced to a fine of one million won due to the violation of the Road Traffic Act (after the accident), and the revision of the Road Traffic Act, which is a serious crime that inflicts harm on his own and another person's life and body, increases the statutory punishment by dividing it according to the degree of violation power, the age of criminal punishment by the defendant's age, occupation and circumstances before and after the crime.

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.

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