(영문) 대전지방법원 2019.02.12 2018노3713 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2019.02.12 2018노3713

특정범죄가중처벌등에관한법률위반(도주치사)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. The judgment under the influence of alcohol driving is a serious criminal that threatens the life, body, and property of other persons as well as his/her family members, and the defendant has already been punished for a drunk driving in 2015, despite the fact that there has been a history of punishment for a drunk driving in 2015, the defendant not only carried out the drinking driving in this case, but also carried out the drinking driving in this case due to the influence of drinking alcohol, but also failed to take measures such as immediately stopping the traffic accident and providing relief to the victim, the occurrence of the serious result of the victim's death due to the defendant's act, and there are many criminal records against the defendant.

However, in light of the following: (a) the Defendant fully recognized the instant crime; (b) the blood alcohol concentration of the Defendant at the time of the instant crime exceeds the control threshold; (c) the Defendant took the Defendant’s blood alcohol level at a relatively rapid time after the instant accident; (d) the victim’s bereaved family members were in the front position of the Defendant; and (c) the Defendant did not have any record of punishment exceeding the fine so far; and (d) other favorable circumstances for the Defendant, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) all the sentencing conditions shown in the instant records and arguments, including the circumstances before and after the instant crime, the sentence imposed by

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The reasoning for this part of the court's reasoning is the same as that for each corresponding part of the court below's judgment. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1..

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

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