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(영문) 대전지방법원 2013.10.10 2013노1767
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The sentence of one year and four months of imprisonment sentenced by the court below is too unreasonable.

2. In light of the judgment, the crime of this case was committed by the non-licensed defendant while driving under the influence of alcohol 0.188% with a blood alcohol level, and caused the death of the victim by traffic accident due to the negligence of the central line booming, and thus, the quality of the crime of this case is very poor.

In full view of the fact that the Defendant was indicted due to the instant traffic accident and was under trial, the Defendant was driving without a license again without being familiar with the Defendant, the victim’s bereaved family members were divided into the Defendant’s non-competence and continued to take a severe punishment against the Defendant, and the Defendant had the same criminal records as the Defendant had the same criminal records, etc., the sentence of the Defendant is inevitable.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the character and conduct, environment, motive, means, circumstances before and after the crime, the sentence imposed by the court below against the defendant is too unreasonable, since the defendant's vehicle was deposited in the court below for the victim's bereaved family members, additionally deposited KRW 10 million in the court below, the defendant's vehicle is subscribed to liability insurance, the defendant's vehicle is not re-offending, the defendant's family is leading to the defendant, the defendant's family member is taking the lead of the defendant, and the defendant's family member appeals to the preference.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited 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 as to the crime committed.

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