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(영문) 서울동부지방법원 2013.09.12 2013노807

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the lower court’s sentence against the Defendant is too unreasonable.

2. The judgment of the court below is a highly dangerous criminal act that may cause serious damage and requires a strict punishment. The crime of this case was committed by the defendant who violated the signal while driving his own car under the influence of 0.106% of alcohol concentration and was under normal operation at the time, and caused physical damage to the victim H by making the victim H car shock, and caused about five weeks to the victim F, and about two weeks to the victim H to the degree that the risk of spreading to the drinking driving is realized, and the defendant was subject to a five-day punishment for the drinking driving from 201 to 2012 (the suspension of the execution of the sentence of imprisonment and three-time fines). The defendant did not appear to have been sentenced to a fine and two-time punishment for the last 10,000 won of the victim's vehicle, and the defendant did not appear to have been subject to an investigation by the investigative agency, and the defendant did not appear to have been subject to a more punishment than two-time punishment (the last 15,000 won of the victim's vehicle).

However, as a result of the court below from the trial to the trial court, the victim H did not want the punishment of the defendant, and the victim F deposited a sum of 8 million won in total (6 million won in the original trial, 6 million won in the trial, and 2 million won in the trial) and other defendant's age, character, character, environment, and the victim's age.