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(영문) 대구지방법원 2013.06.27 2013노551
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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 summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and forty hours of the law-abiding class) that the court below pronounced is too unreasonable.

2. The instant crime was committed by the Defendant, while the Defendant was unable to drive normally at 0.193%, resulting in a traffic accident and resulting in injury to the victims, and the nature of the crime is not weak.

However, the defendant has no record of criminal punishment in addition to punishment of a fine of two million won due to a drunk driving in 2010.

The defendant is divided in depth into the crime and does not repeat the crime.

The extent of damage is relatively minor, and the victims do not want to punish the defendant in consultation with the victims, in addition to the defendant's vehicle being covered by comprehensive insurance.

When the defendant lives faithfully as a civil construction technician and takes into account the age, character and conduct, environment, etc. of the defendant and all of the sentencing conditions shown in the records and arguments, the punishment sentenced by the court below is inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited 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 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) against the high interest of a

1. Each selective fine for punishment;

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