(영문) 서울고등법원 2013.05.03 2013노316 | 리걸엔진

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(영문) 서울고등법원 2013.05.03 2013노316

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. The judgment of the defendant caused the accident of this case that caused the victims who were on the roadway near the crosswalk due to the negligence that the defendant neglected his ability to determine the situation and response while under the influence of 0.108% alcohol level, while neglecting his ability to drive the case, and caused the death of young victims who were 26 years old, resulting in the death of the young victims, thereby causing a great pain and pain that are difficult to recover to the bereaved family members, and the defendant was unable to recover damages other than 700,000 won for the victim D and E's bereaved family members, and thus, the victim's severe punishment is disadvantageous to the defendant.

On the other hand, the victims who were in the roadway near the crosswalk are negligent in part, and the crime of this case resulted in a harsh consequence without being able to do so, the defendant divided his mistake in depth and reflects his mistake, and the fact that the defendant does not have any criminal power, etc. are favorable to the defendant.

In addition, in principle, the sentencing guidelines of the Criminal Procedure Act of Specific Crimes (Death and Injury resulting from Dangerous Driving) among the crimes in the instant case, which are shown in the pleadings in the instant case, including the Defendant’s age, character and conduct, family environment, motive and background of the crimes, and circumstances before and after the crimes, are not applied to the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. However, the sentencing guidelines of the Supreme Court are not applied to the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. However, if the victim is

In full view of the above, since the sentence of the court below is somewhat unreasonable, the defendant's assertion is justified.

3. Thus, the defendant's appeal is justified.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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