(Chuncheon) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and Violation of the Road Traffic Act (Drinking)

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Prosecutor

Manobalty

Attorney Park Do-young

Chuncheon District Court Decision 2010Gohap55 Decided November 18, 2010

May 25, 2011

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

Considering the various circumstances against the defendant, the sentence of imprisonment by the court below (one year of probation, 3 years of probation, 160 hours of community service order, and 40 hours of lecture attendance order) is unreasonable.

2. Determination on the grounds for appeal

It is true that there are circumstances favorable to the defendant, such as the fact that the defendant had no previous conviction more than a fine, the defendant's vehicle is covered by a comprehensive motor vehicle insurance for the victim's bereaved family members, and the defendant has deposited KRW 20 million in the court below's future at the court below, and further deposit KRW 10 million in the court below's future, and the damage caused by the crime of this case seems to be incomplete but to be recovered to a certain extent, and the defendant repents his mistake and reflects his depth. However, even though the defendant had been already committed three times or more, even though he had a history of committing the crime related to drinking driving, he was under the influence of the blood alcohol concentration of 0.183%, and again was under the influence of the crime of this case. The crime of this case was committed by the defendant, which caused the death of the victim who was under the influence of the crosswalk, and it seems that there were no special circumstances that the defendant was under the influence of the victim's family members' age after the death of the victim, and that there was no other circumstances that the defendant's age of this case.

3. Conclusion

Therefore, the prosecutor's appeal is justified, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts and summary of evidence

The summary of the criminal facts and evidence of the defendant recognized by this court is as stated in each corresponding column of the judgment of the court below, and such summary is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

The latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of death or injury caused by dangerous driving, and the upper limit thereof shall be 15 years of imprisonment provided for in the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010) and the Road Traffic Act (amended by Act No. 10259, Oct. 201).

7. Subparagraph 1 of Article 148-2 and Article 44(1) of the Act (amended by Act No. 10382) (the point of drinking and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be added to the penalty provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes (within the scope of adding up the long-term punishment of the above two crimes).

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Du1168, Apr. 2,

Judges Kim Jong-soo

Judge associates

Judges Yang Ro-soon