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(영문) 수원지방법원 2015.06.03 2014노7399
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the court below (two years of suspended sentence in six months of imprisonment) is too unreasonable.

2. The judgment of the court below is reasonable in light of the following circumstances: although the defendant is not less likely to commit each of the crimes of this case in consideration of the fact that the defendant was driving a vehicle in a drinking condition while driving the vehicle and caused injury to the victim and the driver of the damaged vehicle, the case is not less than less than 0.191% of the case, the blood alcohol concentration level of the defendant was higher than 0.191%, the distance operated in a drinking condition was relatively long, and the defendant was punished for refusing to take a drinking alcohol level in the past, the defendant's liability for the crime of this case is not easy; however, the defendant led to the confession of each of the crimes of this case and is against depth; the degree of injury suffered by the traffic accident victims was relatively less severe; the victim was in agreement with the victims; the victim was being covered by a comprehensive insurance; the victim was punished twice prior to the 2003, there was no other punishment power; the defendant's age, character and conduct, family relationship, circumstances after the crime, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence are the same as the corresponding part of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the criminal facts as prescribed in the corresponding Act; and

1. The Commercial Concurrent Crimes Act.

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