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(영문) 수원지방법원 2013.09.05 2013노2589
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below against the defendant (a fine of 5 million won) is too unreasonable.

Judgment

In full view of all the factors indicated in the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances after the crime, etc., the punishment of the court below shall not be deemed to be heavy, in light of the following circumstances: (a) the defendant is a first offender; (b) the defendant is obliged to support the three children; (c) the defendant's vehicle is covered by a comprehensive insurance; (d) the defendant's vehicle is more favorable condition; or (e) the court below is likely to have been sentenced to a fine reduced than a summary order considering such circumstances; (e) the defendant driving the vehicle under the state of drinking alcohol concentration of 0.110%; and (e) the defendant was injured by 10 victims of the accident; and (e) the defendant did not reach an agreement with the victims; and

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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