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(영문) 전주지방법원 2018.05.09 2018노239
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The judgment of the court below is reversed.

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

Reasons

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

2. Although the Defendant committed the instant crime even though he had been subject to punishment several times due to driving without a license for drinking alcohol, the Defendant again committed the instant crime. However, the Defendant’s confession and reflects the instant crime and scrapping of vehicles, and the victim’s degree of damage was not much weighted. The lower court agreed with the victim F, and the victims did not want the Defendant’s punishment by mutual consent with the victim H, J, and L. In full view of all the circumstances under the record, including the Defendant’s age, sexual behavior, environment, family relationship, circumstances after the commission of the crime, etc., the Defendant’s argument is deemed unfair since the Defendant’s punishment is too too unreasonable.

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 again as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the crime, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (referring to the act of driving a motor vehicle without a license) concerning the crime;

1. Between the crimes under Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (and between the crimes under the Act on the Aggravated Punishment, etc. of Specific Crimes, and punishment for the crimes under the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims F with the largest criminal situation, and the crimes under the Road Traffic Act and the crimes under the Road Traffic Act.

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