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(영문) 의정부지방법원 2014.09.17 2014노161
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. In light of the judgment, the instant accident is disadvantageous to the Defendant, such as: (a) the Defendant driving of a vehicle while having difficulty in driving the vehicle with a blood alcohol concentration of 0.161%; and (b) the Defendant received the center line on the right-hand side; (c) the victim E suffered serious injury, such as the 11st week therapy of the instant accident; (d) the Defendant was punished twice by a fine due to a traffic accident; and (e) the Defendant had been sentenced twice to a fine.

On the other hand, there are favorable circumstances for the defendant, such as the confession of the facts of the crime of this case and the statement that they are divided, the defendant deposited KRW 2 million for the victim E, and KRW 500,000 for the victim D respectively at the court below, and the defendant agreed with the victims at the time of the trial, the vehicle driven by the defendant is covered by the comprehensive automobile insurance, and the health status of the defendant seems not good.

In full view of the above circumstances and the Defendant’s age, character and conduct, intelligence and environment, relationship to victims, motive and background of the instant crime, means and consequence, circumstances after the instant crime, criminal records, and family relations, the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s assertion is reasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each 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. Criminal facts;

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