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(영문) 부산지방법원 2014.12.26 2014노3442
교통사고처리특례법위반등
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 5 million imposed by the court below is too unreasonable.

2. The judgment is a serious crime that inflicts harm on the life and body of himself/herself and others, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory penalty for the crime. It is recognized that each of the crimes of this case was committed by the defendant while driving a vehicle under the influence of alcohol level of 0.150%, causing a traffic accident by negligence and causing about three-day medical treatment to two victims. In light of the defendant's degree of drinking alcohol, danger of drunk driving, degree of violation of duty of care, and the result, etc., the issue is not easy; the defendant did not seem to have any imminent or inevitable circumstance that the defendant should drive in the state of drinking; the court below sentenced a fine that was reduced in excess of a summary order in consideration of the above circumstances favorable to the defendant; and there was no special change of circumstances in the trial.

On the other hand, there are also circumstances such as the fact that the defendant recognizes all of the crimes of this case, the victim's injury is not severe, the defendant's driver's vehicle can be paid insurance money to the victims due to the purchase of liability insurance, the health of the victim is not good, the beneficiary of basic living security is economically difficult, and there is no record of criminal punishment other than twice the fine.

Considering the above circumstances comprehensively taking into account the Defendant’s age, environment, occupation, family relationship, circumstances leading to each of the instant crimes, and various circumstances that form the conditions for sentencing as indicated in the records, such as the circumstances before and after the commission of the crime, the lower court’s punishment is too unreasonable.

Therefore, it is true.

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