(영문) 부산고등법원 2015.02.10 2014노559 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2015.02.10 2014노559

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, additional collection) is too unreasonable.

2. Determination

A. According to the record of judgment on the assertion of mental disability, it may be recognized that the defendant was under the influence of alcohol at the time of the crime of injury in this case. However, in light of the motive, background, means and methods of the crime of injury in this case, and the circumstances before and after the crime, etc., it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime of injury in this case. Therefore

B. The Defendant’s judgment on the assertion of unfair sentencing is favorable to the Defendant, such as the following: (a) the Defendant committed each of the instant crimes and divided his mistake; (b) the victim’s injury was not relatively more severe; (c) the victims want to take the Defendant’s wife by mutual consent with the victims; and (d) the Defendant was receiving the removal of the upper right fins from the upper right fins, etc.

However, the crime such as the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) is serious in the light of the background and method of the crime, the degree of exploitation, etc., and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes") was committed by the defendant, despite the fact that the defendant had been punished for drinking and driving without a license, and operated a motor vehicle without a driver's license while under the influence of 0.161% alcohol concentration, and inflicted injury on the victims by exercising violence on the grounds that the victims reported the above traffic accident. The defendant committed the same crime

참조조문

-마약류 관리에 관한 법률

-특정범죄 가중처벌 등에 관한 법률

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