(영문) 대전지방법원 2019.01.31 2018노2240 | 리걸엔진

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(영문) 대전지방법원 2019.01.31 2018노2240

특정범죄가중처벌등에관한법률위반(도주치상)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the lower court (six months of imprisonment, two years of suspended execution, two years of community service, and order to attend lectures) is too uneasible and unreasonable.

2. Circumstances favorable to the defendant are as follows: (a) the Defendant recognized the instant crime; and (b) the Defendant reached an agreement with the victim during the trial proceedings in the lower court.

However, the crime of this case was committed by the defendant while driving a motor vehicle while the driver's license of this case was revoked due to drinking, without taking any measures such as aiding the victim while driving the motor vehicle, and the nature and circumstances of the crime were very poor. In particular, the defendant had been sentenced to punishment 8 times including the crime of violation of the Road Traffic Act (driving, driving without a license, driving without a license, driving after accident, etc.) and the crime of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and 12 times or more of punishment if the crime of this case was already included in the same or similar crime, and the defendant committed the crime of this case at multiple times, and the recidivism that repeats the crime of the same or similar to the criminal power of the defendant. Considering the above, the defendant's basic compliance consciousness and ethics consciousness and has no choice but to be deemed to have a very high risk of repeating the crime, considering all the circumstances unfavorable to the defendant, such as the defendant's age, character and behavior, motive and means of the crime, the motive and result of the crime, etc.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Aggravated punishment of specific crimes as provided in the corresponding Article of the Act regarding criminal facts.

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