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(영문) 대전지방법원 2014.06.12 2014노861
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. In full view of the fact that the Defendant was punished four times due to drunk driving, etc., but the Defendant recognized all of the facts charged in this case and reflects the depth of each of the facts charged, that the Defendant agreed with the victim of traffic accident C, E, the Defendant’s vehicle is covered by the comprehensive motor vehicle insurance, that the Defendant’s vehicle is supported by his/her wife, that the Defendant supports his/her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Therefore, the defendant's argument of unfair sentencing is justified.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

【Reasons for the Judgment of multiple times】 The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as stated in the corresponding column of the judgment of the court below. Thus, they are cited as it is 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 concerning the crime (the point of running a sound driving) of the relevant Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment imposed on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) against victims C with more criminal penalty;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act: Provided, That the lowest limit shall be the violation of the Road Traffic Act as stated in the judgment; and

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