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(영문) 광주지방법원 2014.03.06 2014노147
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The Defendant: (a) was punished by a fine on three occasions due to drunk driving; (b) was sentenced to a non-licensed driving on one occasion; (c) caused the instant accident to the three victims; and (d) caused the death of the three victims; and (c) the Defendant committed the instant accident after passing through the safety zone where entry is prohibited; and (d) was at a disadvantage that the Defendant caused the instant accident.

However, considering the favorable circumstances and the defendant's age, character and conduct, environment, circumstances after the crime of this case, and the circumstances after the crime of this case, such as the fact that the defendant seems to be against the defendant's wrong recognition, the defendant agreed with the victim F and K's bereaved family members, and agreed with the victim H's bereaved family members at the time of the trial, and the victim's bereaved family members are expected to have paid insurance money of KRW 100 million, it is recognized that the sentence imposed by the court below is too unreasonable. Thus, the defendant's assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing death or injury to a dangerous driving), Article 151 of the Road Traffic Act (the point of causing death or injury to property by negligence), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of a sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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