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(영문) 광주지방법원 2014.07.31 2014노939
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. Mental and physical disorder (the part of the lower judgment) was in the state of mental disorder or mental and physical disability under the influence of alcohol at the time when the Defendant inflicted an injury on the victim H.

B. The lower court’s sentence of unreasonable sentencing (the first instance judgment: imprisonment for eight months, suspension of execution, two years, probation, community service, and lecture order, one year and six months, and one year and six months), is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court held that each appeal case against the judgment of the court below against Articles 1 and 2 was consolidated and tried. Since each of the crimes listed in the judgment of the court below against Articles 1 and 2 are concurrent crimes under the former part of Article 37 of the Criminal Act, a single sentence shall be imposed within the term or amount that has increased concurrent crimes pursuant to Article 38(1) of the Criminal Act, the judgment of the court below is no longer maintained. 2) The crime of violation of the Road Traffic Act of the judgment of the court below of the court of first instance of Article 38(1)2 of the Guarantee of Automobile Accident Compensation Act and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) are concurrent crimes under the former part of Article 37 of the Criminal Act, the minimum sentence shall be increased by 1/2 of the maximum term of the crimes stipulated in the most serious crime under Article 38(1)2 of the Criminal Act, notwithstanding the judgment below's omission of this.

3) However, despite the existence of the above reasons for ex officio reversal, the Defendant’s argument about mental disorder is still subject to the judgment of this court, and this is examined. (B) In light of the process and process of the instant crime as revealed by the evidence duly adopted and investigated by the lower court (the part of the lower judgment regarding the crime of this case, the method and method, the Defendant’s reputation and the amount of drinking on the day of the instant case, etc., the Defendant at the time of the instant crime

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