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(영문) 광주지방법원 2016.04.19 2015노3461
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment of the court below is recognized that the defendant, as stated in the reasons for the sentencing, was punished once a juvenile protective disposition due to drinking driving and once a fine, but the defendant was punished once a fine, causing an accident that caused an injury to three victims by driving a drinking again.

However, the defendant is divided into the crimes, and the victim F and E are partly responsible for the circumstances in which the defendant gets the victim F and E to drive alcohol, and the defendant agreed with all victims C in the investigation process by mutual agreement with the victim E, F and the party C.

In addition, comprehensively taking account of the records of this case, such as the defendant's age, sexual conduct, and circumstances after the crime, and all the sentencing conditions shown in the theory of changes, the court below's punishment is deemed unfair because it is too unreasonable in light of the defendant's efforts to recover damage.

Therefore, the defendant's improper argument in sentencing is acceptable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows after pleading.

Criminal facts

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

Application of Statutes

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the victim F who is the largest criminal situation];

1. Selection of imprisonment with prison labor chosen;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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