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(영문) 부산지방법원 2016.04.14 2015노3970
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of a fine of KRW 5 million sentenced by the original judgment on the summary of the grounds for appeal is too unreasonable.

2. At the time of the instant crime, the fact that the Defendant’s blood alcohol level reaches 0.161% at the time of the instant crime, and the Defendant committed a traffic accident that would inflict bodily injury on two victims, etc. should be considered as important in the instant sentencing.

Considering this, the degree of injury suffered by the victims is relatively minor, the defendant agreed with the victims, the defendant has no record of crime between about 20 years, and the defendant has taken an attitude to recognize and reflect the mistake, and other circumstances such as the defendant's age, sexual conduct, economic circumstances, and the circumstances of the crime are heavy punishment imposed in the court below even if considering all the circumstances.

shall not be deemed to exist.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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