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(영문) 인천지방법원 2018.06.15 2018노1038
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended sentence in October, community service, 240 hours in community service, and 40 hours in lecture of compliance driving) is too unreasonable.

2. In light of various sentencing conditions indicated in the records and arguments, such as the following facts: (a) the Defendant caused the instant traffic accident while driving alcohol, resulting in injury to the victims; (b) the amount of alcohol content in blood is significant; (c) the Defendant was the primary offender; (d) the Defendant agreed with the victims; and (e) the Defendant appeared to reflect on the recognition of the instant crime; and (e) the Defendant appears to reflect on the instant sentencing conditions indicated in the records and arguments, the lower court’s sentence is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting a crime and evidence acknowledged by this court is as follows: (a) the part of "victim D" in the 13th sentence of the judgment below No. 2, the part of "victim D" in the 2th sentence of the judgment below is the same as the corresponding column of the judgment below, and thus, (b) it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the punishment for the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against D with the largest criminal situation against D);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which punishment is heavier (the injury or injury caused by dangerous driving).

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