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(영문) 서울북부지방법원 2019.09.20 2019노438
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

2. The judgment of the Defendant caused a multi-lick incident that leads to multiple persons at the end of driving in the state of 0.230% alcohol concentration, and in light of the circumstances, the crime is not significantly good.

The scale of the accident caused by the defendant is large and the degree of damage caused by this is not easy.

This is disadvantageous to the defendant.

However, the defendant recognizes a mistake and is against the law.

The victims suffered from each damage due to the comprehensive insurance subscribed by the defendant was recovered, and the victims E, C and the victims were agreed to have only smoothly.

There are circumstances to consider in particular in that the victim did not reach an agreement with the maximum of the victim, but in particular, it has reached an agreement with the victim with severe damage.

This is the circumstances favorable to the defendant.

Considering the above circumstances comprehensively taking into account the various sentencing conditions shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit. Thus, 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 again

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to facts constituting the offense and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) regarding criminal facts (amended by Act No. 15981, Dec. 18, 201) and Article 16037 of the former Road Traffic Act as to the crime.

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