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(영문) 부산지방법원 2013.11.15 2013노2407
도로교통법위반(사고후미조치)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 KRW 10 million imposed by the court below on the defendant.

2. It is recognized that the judgment of the court below recognizes all of the crimes of this case and reflects his mistake, the victims' degree of damage is not much severe, the victim's agreement is not accepted, the victim's person on board the damaged vehicle does not suffer injury, and if the decision of the court below becomes final and conclusive, it appears that the livelihood of the defendant and the family members supported by the defendant will be somewhat hindered.

However, the crime of this case was committed under the influence of 0.194% alcohol level by the defendant while driving a vehicle without a driver's license while driving the vehicle without a driver's license and leaving the site without taking any measures to destroy the damaged vehicle. In light of the state of drinking, driving distance, etc. of the defendant, it does not seem that there was any urgent or inevitable circumstance that the defendant should drive in the drinking condition. The second accident occurred while the defendant was driven in the first accident, and the second accident occurred during the escape, and the second accident occurred, and even though the victim who had been walking and driving away from the defendant ordered the defendant to drive the vehicle, the victim continued escape without complying with it and caused danger of traffic, such as attacking the defendant, and even if the defendant had had had been punished before driving without a driver's license, the crime of this case again led to the crime of this case, and thus, the defendant's age, age, family relationship, occupation, circumstances leading to the crime of this case, and all the circumstances after the crime were committed, it cannot be deemed unfair to impose a fine.

Defendant’s assertion is without merit.

3. Conclusion.

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