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(영문) 창원지방법원 2017.12.07 2017노2954
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In addition, the Defendant committed each of the instant crimes of the same kind when he/she had been punished seven times in total due to traffic-related crimes, such as unlicensed driving, even though he/she had been subject to punishment on three occasions due to driving of drinking alcohol and one time of refusing to measure drinking, and at the time, he/she committed each of the instant crimes of the same kind. The Defendant’s alcohol concentration at the time was very high by 0.170%, and the Defendant’s two vehicles were damaged due to the traffic accident caused by the Defendant and the three damaged persons suffered injury, etc., which are disadvantageous to the Defendant, such as the nature of the instant crime and the circumstances of the crime.

However, the defendant recognized each of the crimes of this case and reflected against the defendant, the vehicle of the defendant was covered by a comprehensive insurance, and all of the victims have reached an agreement at the time of the trial, and the prior conviction in 2011 is last at a interval between this case and the last time in 2011, and the defendant does not scrap and repeat the vehicle which the defendant driven.

In addition, there are extenuating circumstances, such as the fact that the defendant's health is not good due to the age of 72 years, and that the defendant has served for more than two months, and that the defendant has served for more than two months, and thus, the suspension of the execution of imprisonment, and the addition of the protection observation and the order to attend lectures can be effective in preventing recidivism.

In full view of such circumstances and other circumstances as the defendant's age, environment, sexual conduct, circumstances before and after the crime, and the conditions of sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is too unreasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The substance of the evidence and facts charged by the court.

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