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(영문) 전주지방법원 2015.02.13 2015노9

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The judgment of this case is based on various circumstances, including the defendant's age, character and behavior, environment, family relationship, etc., and the sentencing conditions specified in the instant case are somewhat inappropriate, given that the court below's punishment is somewhat inappropriate, since the defendant's punishment is recognized to be somewhat inappropriate, the defendant and his defense counsel's allegation of unfair sentencing is justified, since the defendant and his defense counsel's aforementioned assertion of unjust sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving), among concurrent crimes: Provided, That the lower limit thereof shall be the crime of violation of the Road Traffic Act (the crime of running