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(영문) 서울북부지방법원 2014.11.14 2014노1126
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental disability under the influence of alcohol.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. In light of various circumstances indicated in the record, such as the course and process of the instant crime and the Defendant’s act before and after the instant crime, even if the Defendant was under the influence of alcohol at the time of the instant crime, it does not seem that the Defendant did not have the ability to discern things or make decisions. Therefore, this part of the Defendant’s assertion is without merit.

B. The instant crime of unfair sentencing is an unfavorable circumstance to the Defendant, in light of the circumstances leading up to the instant crime, the Defendant’s act was not easy in light of the Defendant’s duty of care, the degree of violation of the Defendant’s duty of care, the degree of damage, etc., and the fact that there was no agreement with the victim, etc., that the Defendant did not reach an agreement with the victim.

However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the lower court deposited KRW 4 million to the Victim H; and (c) agreed with the victim H’s bereaved family members; (d) the instant vehicle was covered by a comprehensive insurance contract; and (c) the victim G was agreed with the insurance company; and (d) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence, etc.; and (e) the sentence imposed by the lower court is somewhat unreasonable.

3. Accordingly, the defendant's appeal is justified, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the appeal is followed again.

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