(영문) 광주지방법원 2016.04.27 2016노638 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2016.04.27 2016노638

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The judgment of the court below is reversed.

The sentence against the accused shall be determined by one year and four months of imprisonment.

Reasons

1. The gist of the reasons for appeal (one year of imprisonment) by the lower court is too unfilled and unreasonable.

2. The judgment of the court below is reasonable in light of the following: (a) the defendant's mistake and reflects the fact that the defendant recognized his mistake; (b) the vehicle of the defendant was covered by a comprehensive motor vehicle insurance; (c) the degree of damage caused by each accident of this case is not much severe; and (d) the victim H does not want the punishment of the defendant; (c) the defendant was punished once by drinking driving three times or one without a license; (d) the defendant has high alcohol concentration among blood of this case; (e) the defendant was under the control of drinking; and (e) the defendant has committed each of the crimes of this case even though he was under the control of drinking; (b) the crime is not good; (c) the defendant was repeatedly committed without any particular crime; and (d) the defendant was under the judgment of the court on December 29, 2015 due to the death or injury caused by drinking and drinking; and (e) the defendant did not take necessary measures after causing a traffic accident; and (e) other unfavorable circumstances such as the crime of this case, circumstances after the crime of this case, the defendant's age, and circumstances, etc.

3. In conclusion, 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 it is again decided after pleading as follows.

Criminal facts

The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (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 act of causing death or injury to a dangerous driving), Article 148-2(1)1, Article 44(1) of the Road Traffic Act (the act of drinking), Article 152 subparag. 1, Article 43 of the Road Traffic Act (the act of driving without a license), Article 148, Article 54(1) of the Road Traffic Act (the act of driving without a license) as to the crime.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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