logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.05.01 2014노290
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (three years of imprisonment) is too unreasonable.

2. In the case of causing the injury or death of many people by driving a motor vehicle in a situation where normal driving is difficult due to the influence of ex officio judgment drinking, the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) are established by each victim, and each of the above crimes is in a mutually concurrent relationship due

According to the records, Article 1 of the facts constituting an offense in the judgment of the court below, which resulted in the defendant's accident due to drinking driving, resulting in the injury of the victim D, F, and G and resulting in the death of the victim H, which constitutes several crimes due to one driving act, and such crimes constitute an ordinary concurrence relationship.

Nevertheless, the court below erred by misapprehending the legal principles as to the number of crimes, thereby adversely affecting the conclusion of the judgment.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and the following decision is rendered after oral argument.

Criminal facts

Criminal facts and the summary of evidence recognized by the court as stated in this Court shall be as stated in the corresponding columns of the original judgment.

Article 369 of the Criminal Procedure Act cites it as it is.

(B) The lower court’s second and second parts of the lower judgment, referring to the term “Gluedo” as “as above.” The application of the statute is the case.

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of running a sound driving);

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the between crimes against death or injury resulting from dangerous driving and the punishment between them) are the largest.

arrow