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(영문) 서울중앙지방법원 2019.07.11 2019노219
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000 (one thousand nine million).

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended sentence) that the court below sentenced to the defendant is too unreasonable.

2. In light of the fact that the Defendant’s blood alcohol concentration was significantly high at the time of committing the instant crime, the Defendant’s liability for the crime is not minor, in light of the following: (a) the Defendant’s blood alcohol concentration was likely to result in various kinds of injuries caused by the instant fluence of vehicle prices due to the instant fluence.

However, the defendant has long been subject to criminal punishment in addition to a relatively minor criminal conviction and one time, and there is no history of criminal punishment for the crime of this case. The degree of injury of the victims caused by the crime of this case is not much serious. The defendant's driving vehicle is covered by the comprehensive motor vehicle insurance, not only the defendant's driving vehicle is covered by the comprehensive motor vehicle insurance, but also agreed with the victims who suffered the injury through the court below and the trial, and the victims do not want to

In full view of such circumstances and other circumstances as the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, the circumstances after the instant crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant'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 decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 5-1 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 24, 2018>

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