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광주지방법원 2019.02.20 2018노3033

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.


1. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended sentence, one year of probation, one year of community service order, 120 hours of community service order, and 40 hours of order to attend a compliance driving lecture) is too uneasible and unreasonable.

2. The judgment of the Defendant recognized the instant crime and reflects the Defendant, the victim E, the driver of the victimized vehicle, also driven under the influence of alcohol of 0.187%, the Defendant agreed with the bereaved family members of the victim E and the same passenger of the vehicle driven by the Defendant with the victim H, and the fact that there was no record of criminal punishment due to drinking driving, etc. favorable to the Defendant.

However, while the Defendant was under the suspension of the execution of imprisonment with prison labor due to intimidation, resulting in the death of the victim E by causing the instant traffic accident while driving under the influence of alcohol, and resulting in the victim H’s injury, such as the heart damage requiring six-day medical treatment, and the nature of the crime is bad and strict punishment is needed. In full view of all of the Defendant’s age, character and conduct, environment, circumstances leading to the instant crime and motive leading up to the instant crime, circumstances before and after the instant crime, etc., the lower court’s punishment seems to be somewhat unreasonable, and thus, the prosecutor’s aforementioned assertion is reasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The latter part of Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018; hereinafter the same) on criminal facts (the occupation of the death resulting from dangerous driving) and the former specific crime aggravated punishment.