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(영문) 수원지방법원 2015.03.20 2015노272
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case is determined by considering the following circumstances: (a) the defendant's act of this case was committed under the influence of alcohol while driving a taxi in the atmosphere of the traffic signal at the intersection; (b) the defendant caused a sudden string accident; (c) the cab caused the death of passengers boarding the taxi; and (d) the defendant was punished for drunk driving; and (c) the defendant has a record of being punished for the crime of this case, which is disadvantageous to the defendant; (d) the defendant recognized the crime of this case; (e) the defendant was detained for about five months; (e) there was no record of punishment exceeding the fine; (e) the vehicle operated by the defendant was covered by a comprehensive insurance; (g) the bereaved family member agreed with the victim's representative; and (g) the representative's bereaved family member does not want the punishment of the defendant; and (g) other conditions of sentencing specified in this case, including the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., the defendant's allegation of unfair sentencing is justified and reasonable.

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 the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited 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 (the occupation of the death resulting from dangerous driving) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the crime concerned.

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