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(영문) 서울서부지방법원 2019.11.28 2019노1269
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. In light of the fact that the blood alcohol concentration in the judgment is high 0.141%, the occurrence of four victims by the instant accident, which did not agree with two victims, and that there was a history of punishment for driving under the influence of alcohol, etc., the sentence of the lower court is too uneasible and unreasonable.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is 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 committed in relation to the pertinent criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as per the order shall be determined in full view of the various circumstances examined in the determination of the grounds for sentencing prior to the reasons for sentencing under Article 62-2 of the Criminal Act, the agreement with two of the victims, the fact that the Defendant’s driver’s vehicle is covered by the comprehensive motor vehicle insurance, and the previous offense committed for drinking driving is about eight years.

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