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Reasons
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(영문) 수원지방법원 2019.07.10 2019노2098
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal: The punishment of the lower court (one year of imprisonment) shall be too unreasonable;

Prosecutor: The sentence of the court below is too unhued and unreasonable.

2. The judgment of the defendant caused the instant accident while driving a drunk in violation of the signal, and the victim's serious injury is disadvantageous to the defendant.

However, in full view of the following: (a) the Defendant’s mistake is against the Defendant; (b) the victim and the victim did not want the Defendant’s punishment by mutual consent; (c) the Defendant did not have any record of committing a crime exceeding the fine; and (d) the Defendant’s age, character and conduct and environment; (b) the motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court 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 (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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