(영문) 춘천지방법원 2018.06.15 2017노870 | 리걸엔진

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(영문) 춘천지방법원 2018.06.15 2017노870

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (one year and six months of suspension of execution, 120 hours of community service order and 40 hours of attendance order) is too uneasy and unreasonable.

2. There is no history of punishment exceeding the judgment fine; the victim N and May 15, 2017; L and May 17, 2017; P and May 18, 2017;O and May 23, 2017; each of the agreements on May 23, 2017, the victims are not subject to the punishment of the defendant; and the victims are likely to reflect the crimes and make efforts for the prevention of crimes are favorable to the defendant.

However, even though the Defendant was sentenced to a fine for driving under the influence of alcohol on the road on 2004., 209. and 2011, the Defendant was sentenced to a fine for driving under the influence of alcohol in the instant case, the occurrence of an accident due to driving under the influence of alcohol, and the result was significant, and the result was significant, and the accident caused the injury requiring the medical care of 3 weeks to the four victims, and the police so that he was punished due to the situation under which he would be subject to the crackdown on driving under the influence of alcohol, and thus, the Defendant was unable to force the police from driving under the influence of alcohol and refused the measurement of drinking. The Defendant’s assertion that the Defendant’s act of driving under the influence of alcohol and refusal to take the measurement of drinking is an act that causes the danger not only to himself but also to other drivers on the road is likely to actively interfere with the official duties of the investigative agency indicating the crime, and thus, the Defendant’s age, sexual behavior, motive, circumstance, and circumstances after committing the crime is somewhat unreasonable and acceptable.

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 after pleading.

[Judgment of the court below] The summary of criminal facts and evidence falls within the column of the part related to the defendant.

유사 판례

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