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(영문) 전주지방법원 2020.04.23 2020노196

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that there are circumstances such as the following: (a) the Defendant’s criminal act is divided and reflected by himself; (b) the degree of injury to the victims caused by the instant accident is not relatively much serious; and (c) the victims and the victims agreed to the investigation stage.

However, drinking driving is a very dangerous crime that may cause unexpected behaviors to another person's life and family as well as the possibility of traffic accident. It is necessary to punish strictly. On September 25, 2018, the Act on the Aggravated Punishment, etc. of Specific Crimes has been amended on December 18, 2018 to reflect public opinion demanding strong punishment for drinking drivers upon the death of a traffic accident occurred in the new wall Busan, and Article 5-11 of the same Act has been affected by statutory punishment for not less than 10 years, but not more than 15 years, or a fine not less than 1,00,000 won, or a fine not less than 2,000 won, which has been enforced for not less than 1,000 won and not more than 2,000 won, and the Road Traffic Act has been strengthened by imprisonment with prison labor for not less than 1,000 won, for not less than 2,000 won and not more than 3,000 won, for the same reason as the Act has been amended for not less than 3,0000.