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(영문) 서울고등법원 2013.06.13 2013노1137
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. The sentencing conditions that are favorable to the defendant include the fact that the defendant is divided into his mistake, that the victim does not want the punishment against the defendant by mutual consent with the victim, that the defendant does not have any record of punishment for driving under drinking prior to the instant case, and that the defendant is in an economically unreasonable state, etc.

However, the crime of this case was committed by the defendant while driving a vehicle in a drinking state without taking any measures after causing a traffic accident, and the nature of the crime is not good. The blood alcohol concentration of the defendant at the time of the crime of this case is considerably high by 0.216%, and there are no circumstances to be considered particularly in the motive of the crime of this case, and other circumstances, such as the defendant's age, character and behavior, intelligence and environment, and circumstances after the crime, are considered as a whole, and the punishment of the court below is not deemed to be improper and too unreasonable.

Therefore, the defendant's above 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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