logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.04.27 2017노227
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for two years and by a fine of 300,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment and a fine of 300,000 won) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The judgment is recognized that the defendant was committed in the course of committing the crime, and the defendant was divided, and there was no previous criminal record, and the victim F's bereaved family members and the victim G did not want to be punished against the defendant, and the defendant suffered the injury of this case.

However, the crime of this case committed by the Defendant, while under the influence of alcohol, caused the victims to die in a two-wheeled vehicle by shocking the Rails, and caused the victims G to die in a serious injury. The crime of this case is not less complicated than that of the Defendant. Considering the fact that the Defendant only purchased liability insurance and drives a two-wheeled vehicle, the Defendant requires strict punishment for traffic accidents caused by drinking driving, and other sentencing conditions indicated in the argument of this case, such as the Defendant’s age, sexual behavior, environment, etc., the sentence of the lower court is too unreasonable.

3. Accordingly, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted 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 (the point of causing death or injury to the driving of a motor vehicle), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of a motor vehicle), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, subparagraphs 6 and 63 of Article 154 of the Road Traffic Act concerning the crime;

1. The crime of Articles 40 and 50 of the Criminal Act (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury on Driving of Motor Vehicles) is committed.

arrow