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(영문) 창원지방법원 2017.08.24 2017노1821
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the lower court (one year and four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. It is necessary to strictly punish the Defendant in light of the fact that the Defendant had been punished seven times for the same kind of crime (two times for suspended execution and five times for fines) and that the instant crime was committed during the suspended execution period for the same kind of crime, and that three damaged persons have suffered from a traffic accident caused by the Defendant.

However, in light of the above circumstances, the defendant recognized and reflected each of the crimes of this case, the defendant's vehicle is covered by comprehensive insurance, and the victims' injuries are relatively easy to treat each of the two weeks, and the victims' excessive agreement is reached, the defendant's blood alcohol concentration is not high to 0.104%, and the defendant's health is not good, and the defendant's final judgment becomes final and conclusive, and the defendant must return to 2 years and 4 months in total. Considering the above circumstances, it is somewhat harsh, taking into account the circumstances favorable to the defendant, such as the defendant's age, environment, sexual conduct, motive for the crime, and the circumstances before and after the crime, and the sentencing conditions specified in the records and arguments of this case, it is recognized as unfair because the punishment imposed by the court below is somewhat unreasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal 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 below, and thus, they are quoted 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 (the injury or injury caused by a dangerous driving) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (1) 1 and 44 of the Road Traffic Act.

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