(영문) 수원지방법원 2018.05.09 2018노1471 | 리걸엔진

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(영문) 수원지방법원 2018.05.09 2018노1471

특정범죄가중처벌등에관한법률위반(도주치사)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment driving is a crime that may inflict a great harm on an unspecified person, and the social risk is considerably high, and the defendant again committed the instant traffic accident despite the previous conviction of a fine for driving two times, resulting in the instant accident, which led to the death of one victim, resulting in the death of one victim, without taking necessary relief measures, even though the occurrence of the result that one person is unable to follow the injury, and runs away without taking necessary relief measures. The blood alcohol concentration at the time of driving the instant drinking is very high to 0.142%, and the fact that the victim did not agree with the victim is disadvantageous to the defendant.

However, in full view of all the circumstances such as the defendant's age, sex, environment, family relationship, motive and circumstance after the crime, the sentence of the court below is too unreasonable, since the defendant's punishment is too unreasonable, this part of the defendant's assertion is justified. The defendant's assertion is justified. The defendant's judgment is too unreasonable. The defendant's assertion is justified. It is so decided as per Disposition by the assent of all participating Justices on the bench.

3. As such, the Defendant’s appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is again decided as follows after pleading (as long as the Defendant’s appeal is accepted, the Prosecutor’s appeal is not dismissed separately). The substance of facts constituting an offense and the gist of evidence and the summary of evidence are the same as that of each corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369

유사 판례

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