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(영문) 서울동부지방법원 2014.04.24 2013노1541
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court (the imprisonment of eight months, the suspension of execution of two years, the community service order 120 hours, the order to attend a compliance driving lecture) is too unreasonable.

2. Determination feet, the degree of the drinking of the accused, and the place of accident may have a big damage to the motorway, etc. shall be disadvantageous to the accused.

However, in light of the following circumstances: (a) there was no previous conviction including a drunk driving; (b) there was an agreement between the Defendant and the victims; (c) one of the victims suffered from a spatitis 3 patonism; (d) other victims suffered from a spatonism 6 patonism; and (e) the other victims suffered from a spatonism 4 patonism in comparison with the degree of injury; (b) the victim H submitted a written application for spaton for the Defendant’s wife; (c) the Defendant had a family member to support; (d) the dental laboratory operated by the Defendant seems to have been affected by the Defendant’s business performance; and (e) the Defendant’s dental laboratory seems to have been aware of the fact that the Defendant was in depth and became sufficiently hatonism; and (e) other conditions of sentencing, such as the Defendant’s age, character and conduct, family relationship, environment, motive for the crime, results and circumstances after the crime, etc., the punishment imposed by the lower court is excessively unreasonable.

Defendant’s assertion is with merit.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as that 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. Article applicable to criminal facts;

(a) The fact of injury caused by each dangerous driving;

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