logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.09.08 2016노981
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The respective sentence of the lower court (the first instance judgment: imprisonment with prison labor for one year, and imprisonment with prison labor for one year and two months) is too unreasonable.

B. The sentence of the judgment of the court of first instance, which is too unfilled, is unreasonable.

2. Prior to the judgment on the grounds for appeal against the board of appeal, each appeal case against the judgment below was consolidated in the trial court, and the facts constituting the crime are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a need to decide on the allegation of unfair sentencing by the defendant and the prosecutor, and the judgment below is also reversed, and it is again decided following the oral argument as follows.

Criminal facts

The summary of the facts and evidence acknowledged by this court is as follows, except where the "police suspect interrogation protocol of the defendant against the defendant 1." in the judgment of the court of first instance is deemed as the "court statement of the defendant", and therefore, it is identical to the corresponding column of the judgment of the court below. Thus, it is also cited as it is in accordance

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 151 of the Road Traffic Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 153 of the Road Traffic Act, Article 347 (1) of the Criminal Act, Article 49 (4) 2, and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of death or injury caused by dangerous driving and the crime of violation of the Road Traffic Act) shall be more severe;

arrow