(영문) 대전지방법원 2018.07.06 2017노3153 | 리걸엔진

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(영문) 대전지방법원 2018.07.06 2017노3153

특정범죄가중처벌등에관한법률위반(위험운전치사)등

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The judgment of the court below is reversed.

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

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year and six months of imprisonment, two years of suspended execution) is deemed to be too unhued and unfair.

2. Determination is a favorable condition for the following: (a) the Defendant is a primary offender; (b) the Defendant’s vehicle is covered by a comprehensive motor vehicle insurance; (c) the bereaved family members of the victim of death paid an agreed amount of KRW 70 million to the bereaved family members; and (d) the victims and the bereaved family members of the victim of death do not want to be punished against the Defendant; (b) the Defendant received long-term hospitalized treatment due to the instant accident; and (c)

However, in this case, the defendant was driving a road of 70 km at a speed of 98.4km in the state of drinking alcohol concentration 0.196% in his blood, and her center line with the center line, and the victim, who was a taxi driver, was killed, and the victim, who was a taxi driver, was injured for three weeks, respectively, and the degree of illegality and the result of the crime is very serious.

The victims seem to have never avoided the Defendant’s vehicle driving at a rapid speed on the road at which the center was installed.

In full view of the above circumstances and all of the sentencing conditions as seen in the arguments, including the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

The prosecutor's improper argument of sentencing is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

【Grounds for another judgment】 Criminal facts and summary of evidence recognized by the court are identical to the relevant column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime.

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