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(영문) 춘천지방법원 2013.11.20 2013노484
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the court below (two years of suspended sentence in eight months of imprisonment) is too unreasonable.

2. In light of the following factors: (a) the Defendant is the primary offender who has no record of criminal punishment; (b) the Defendant is deemed to have relatively serious damage caused by the instant crime; (c) the Defendant is chilling his fault in depth; (d) the Defendant is in an agreement with the victim; (c) the Defendant is the wife to support the mother; and (d) if a suspended sentence is finalized against the Defendant, the Defendant’s suspended sentence is naturally retired from the Defendant’s office; and (e) other conditions of sentencing as indicated in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the sentence of the lower court is deemed to be unfair because it is deemed that the sentence of the Defendant is too excessive and unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, the Selection of Fines), Article 148-2 (2) 2 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act (the point of driving sound and the selection of fines);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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