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(영문) 의정부지방법원 2018.09.20 2018노2092
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

Although the defendant and defense counsel did not submit a statement of reasons for appeal within the statutory period, the defendant and defense counsel's request for permission of bail on August 17, 2018 shall be deemed to have been submitted a statement of reasons for appeal.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognized his mistake and reflects on his own, that there was an agreement with the bereaved family members of the victim, and that there was no record of punishment exceeding the fine due to driving under drinking or non-licensed driving.

However, the Defendant, without a license, driven in the state of 0.145% alcohol concentration in blood without a license, and faced the central line and faced with the opposite vehicle, and led to the collision of the victim's vehicle that was normally driven in the opposite vehicle, which led to the result that the death of the victim could not be observed.

Defendant

According to the black image installed on a vehicle, the Defendant continued to drive the vehicle for a long time while it is difficult to drive the vehicle normally at the time of the instant case, and seems to have caused the instant accident.

Agreed with the bereaved family members of the victim

one of the bereaved family members can not act on behalf of the victim who died.

The Defendant has been punished for drinking or non-licensed driving even before the instant case.

Even though a license is suspended due to drinking driving, the license is revoked because it is discovered while driving is suspended, and it is also confirmed that it was discovered while driving without a license again.

In light of the above circumstances, the Defendant appears to have no awareness of committing any crime with respect to drinking or unlicensed driving, and the Defendant’s negligence and the result therefrom are also very vague in the occurrence of the instant accident, and the Defendant should be punished strictly.

In addition, the defendant's age, sex, environment, and background and result of the accident of this case, the situation after the crime is committed.

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