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(영문) 부산지방법원 2016.08.25 2016노2190
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. One-year imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. In light of the following facts: (a) on June 21, 2015, the Defendant driving a taxi not insured without a driver’s license while under the influence of alcohol level of 0.105% under the influence of alcohol level of 0.105% in the period of suspension of execution due to a previous conviction of a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., the Aggravated Punishment, etc. of Specific Crimes) on the part of the Defendant, while driving the taxi in the opposite direction to the wind passing beyond the central line, and causing injury to the passengers; (b) on the part of the above case, the Defendant driving a driver’s license again during the trial of the lower court; and (c) used another person’s resident registration number; and (d) the Defendant had the record of receiving juvenile protective disposition on several occasions by driving without a drinking license, it cannot be denied that there is a need to give more

However, the defendant is a young person of 22 years of age who is taking the attitude of recognizing and reflecting the wrongness, the degree of injury of the victim is relatively minor, the victims do not want the punishment of the defendant in the trial, and driving without permission for drinking, which was previously issued by the previous juvenile protective disposition, was a juvenile of 16 years of age or less by the defendant.

The fact that he/she committed around 209 and 2010 shall be taken into consideration in light of the circumstances favorable to the defendant.

Considering the above circumstances and other circumstances such as the defendant's age, sex, family environment, circumstances of the crime, and circumstances after the crime, the punishment sentenced by the court below is too heavy.

The decision is judged.

3. As such, the defendant'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 the defendant's appeal is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by the court shall be recorded in the corresponding part of the judgment below.

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