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(영문) 전주지방법원 2013.10.11 2013노901

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 sentence of the lower court (eight months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The instant crime of this case regarding the grounds for appeal is deemed to be strictly punished by the Defendant in light of the fact that the Defendant repeatedly committed the instant crime, despite the fact that the Defendant committed the instant crime, even though he/she had been punished on three occasions due to the violation of the Road Traffic Act (driving) and one time for the violation of the Road Traffic Act (Free Driver’s License).

However, in full view of the defendant's recognition of the crime of this case and his depth is divided, the victim does not want the punishment of the defendant in the trial room, the defendant must support the defendant's health, and other various sentencing conditions in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and result of the crime, etc., the court below's punishment is too unreasonable, and thus, the defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

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

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in question, Article 151 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 152 of the Road Traffic Act.