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(영문) 전주지방법원 2015.02.13 2015노13
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. In full view of the circumstances unfavorable to the Defendant, such as the fact that the Defendant had been punished for the same kind of crime, while driving under the influence of alcohol at once, and the victim was injured by a traffic accident, the fact that the blood alcohol concentration of the instant case was high, etc., but the Defendant recognized the Defendant’s crime and went against the Defendant while living under custody for a period of less than 2 months, the Defendant agreed to the Defendant only with the victims at the time of the trial, the Defendant did not have any record of having been sentenced to imprisonment without prison labor or heavier punishment, and other circumstances that form the conditions for the sentencing specified in the instant case, including the Defendant’s age, character and behavior, environment, family relationship, and the circumstances after the crime, the lower court’s punishment is somewhat unreasonable, and thus, the Defendant and his defense counsel’

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

1. Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the number of concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (the number of concurrent crimes resulting from the death or injury of dangerous driving) shall be increased;

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