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(영문) 부산지방법원 2013.11.22 2013노2804
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable to impose a fine of five million won imposed by the court below on the defendant.

2. It is recognized that the victims of the instant traffic accident were not relatively much serious, and that there is an agreement with the victims, family members to provide support, and the victims are faced with economic difficulties.

However, the crime of this case is that the defendant, while driving a motor vehicle, neglected to take any measures to stop the accident and escaped from the site without taking any measures to stop the accident, is not easy, but the defendant's negligence is grave due to the occurrence of the traffic accident of this case, and the defendant left the site without any special reasons in the situation where damage is not serious due to the occurrence of the traffic accident of this case. According to the victim's statement, etc., the defendant is suspected of not drinking at the time of the accident, and the situation before and after the accident of this case is not good. In light of the circumstances favorable to the defendant, the court below sentenced the defendant to a fine of KRW 5 million which has been reduced in excess of the summary order, and taking into account all other circumstances favorable to the defendant, and the sentencing conditions specified in the record, such as the defendant's age, environment, family relationship, occupation, circumstance before and after the crime of this case, etc., it cannot be deemed unfair to sentence the defendant with a fine of KRW 5 million, a statutory minimum punishment for the crime of violating the Aggravated Punishment Act

Defendant’s assertion is without merit.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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