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(영문) 광주고등법원 2013.06.27 2013노69
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal by the accused (one year and six months of imprisonment) is too unreasonable;

2. Although the nature of the crime of this case is not good for the crime of this case and its result is important, the defendant confessions the crime of this case and reflects the mistake, there is no record of punishment due to drinking driving, etc., and there is no special criminal record other than punishment by a fine until 2001. The defendant deposited the amount equivalent to KRW 45 million at the court below for the victim's bereaved family members, and deposited the amount of KRW 30 million at the court below for the victim's bereaved family members, and additionally deposited the amount of KRW 30 million at the court below, and the amount equivalent to KRW 80 million is paid at the victim's side according to the Guarantee Business of Automobile Accident Compensation Insurance by the Esch Rexroth damage Insurance Co., Ltd., the defendant's age, character and behavior and environment, motive, means and result of the crime of this case, and the circumstances after the crime are considered to be too unreasonable. Thus, the above argument of the defendant is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column 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. The latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 11369, Feb. 22, 2012) concerning criminal facts, Article 151 of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012);

1. The Commercial Concurrent Crimes Act.

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