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(영문) 서울남부지방법원 2016.12.16 2016노1881
교통사고처리특례법위반등
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 prison labor for up to eight months) by the lower court is too unreasonable.

2. The judgment of the defendant recognizes the crime of this case, the victim of the traffic accident of this case is not serious, and it is covered by a comprehensive motor vehicle insurance. Even when considering the fact that the crime of this case was committed under the influence of alcohol, ① the crime of this case is committed while driving a motor vehicle while being under the influence of alcohol and causing bodily injury to three victims, and thus the quality of the crime is not good. ② The drinking driving of this case is a crime that may cause serious harm to another person's life and body and requires strict punishment only for driving under the influence of alcohol. In addition, it is necessary to take more strict measures. ③ In addition, the defendant has a history of criminal punishment of 3 times (including a suspended sentence of imprisonment once) only for traffic crimes such as two times a drunk driving and two times a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (including a principal vehicle and a death caused by dangerous driving), ④ In particular, the defendant appears to have been sentenced to a suspended sentence of this case, and even if it is inevitable to do so during the period of execution of execution.

However, considering the fact that the defendant paid the victims a total of 1.5 million won in addition to 500,000 won when the defendant was in a trial, the sentence imposed by the court below is somewhat heavy.

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

[D.] The Criminal Procedure Act provides that a summary of facts constituting an offense and evidence recognized by the court is the same as that of the judgment of the court below.

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