수원지방법원 2014.11.17 2014노5132



The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.


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

2. The judgment of the court below is unreasonable in light of the following factors: while driving a motor vehicle without a drinking license, the defendant had the back wheels of the victim F, inflicted injury on the victim G while driving the motor vehicle, who caused the defendant, and then was injured by the victim G while driving the motor vehicle. The crime of this case is very poor, but the crime of this case is recognized as committing the crime of this case, and the degree of injury of the victims is not serious, and the degree of each injury of the above victims is not excessive, the defendant deposited 1.5 million won for the victims at the trial, and other factors such as the defendant's age, character and behavior, environment, motive and circumstance leading to each of the crimes of this case, circumstances after the crime, etc., the court below's punishment is somewhat inappropriate.

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 52 of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 257 (1) of the Criminal Act concerning the crime in question;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.